THE COMMISSIONERS COURT * McLENNAN COUNTY * THE STATE OF TEXAS * TO ALL PERSONS INTERESTED: NOTICE IS HEREBY GIVEN that, in accordance with the Government Code, Chapter 551,( known as the Open Meetings Act), as amended, a s ecial meeting of Commissioners' Court, the governing body of McLennan County, will be held on Tuesday, the 16th day of June, 2015 at 9: 00 a. m. in the Commissioners' Courtroom, ls` Floor, West Wing, McLennan County Courthouse, City of Waco, Texas, at which time, the subjects below will be considered. AGENDA I. PROOF OF POSTING OF NOTICE in accordance with the provisions of Chapter 551. 041, Government Code, as amended, known as the Open Meetings Act. II. A MOMENT OF SILENCE/ INVOCATION; PLEDGE OF ALLEGIANCE III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING: A. APPROVAL/ RATIFICATION OF PROCLAMATION/ RESOLUTIONS B. HEARING FROM MEMBERS OF THE PUBLIC ON COUNTY BUSINESS MATTERS C. ITEMS PREVIOUSLY DEFERRED 1. Proclamation Honoring Reverend E. Shaun Williams— Recognizing the Fourteenth Pastor Installation Service of the Pleasant Olive Missionary Baptist Church& Welcoming the Williams Family to Waco, McLennan County, Texas 2. Authorization of Interlocal Cooperation Agreement and related documents: City of Waco and Waco Independent School District re: Waco Clinic Feasibility Study) 3. Re: Acceptance/ Non- acceptance of Officials/ County Department Heads/ Staff/ Departmental Reports/ Organizations Reports Updates: a. Human Resources: Monthly Activity Report, May 2015 D. RIGHT OF WAY PURCHASE, USE, CONVEYANCE and/ or CONDEMNATION: Authorization/ Action on: Expansion/ Repair Projects including, but not limited to: Easements/ Offers/ Contracts to Purchase ROW; Contracts for Sale; Contracts re: Appraisal / Surveying Services, ROW Acquisition / Sale; Authorization for Legal Counsel re: Eminent Domain / Condemnation Proceedings, Execution of Legal Documents E. REGARDING COUNTY PROPERTY and/ or CONSTRUCTION PROJECTS: Renovations, Repairs, Indemnification Regarding Cleaning/ Maintenance Projects, Space Allocations/ Furnishings/ Equipment/ Architectural Services/ Invoices/ Approval of Pay Applications/ Change Orders/ Contracts/ Lease Agreements/ Certifications of Substantial Completion/ Authorizations Regarding Sale/ Lease/ Acquisition or Property F. AUTHORIZATIONS RE: CONTRACTS/ LEASE AGREEMENTS/ INTERLOCAL AGREEMENTS: 1. Economic Development: Authorization of Agreements; Consultant Services; Proposed Projects/ Program Project Agreements 2. Authorization of Grant of Profit and Gravel Lease Agreement: Billy Miller( re: R& B, Precinct 4 Road Material) 3. Authorization of Bundled Commercial Service Agreement Renewals: AMG Technology Investment Group, LLC dba NextLink Broadband: a. Video Visitation Center b. Justice of the Peace, Precinct 3 G. REGARDING THE COUNTY BUDGET: Amendments / Requests for Amendments and related Certification of Additional Revenue, if applicable, Expenditure Requests, Other Budgetary Requests 1. Regarding the FY 15 Budget: a. Budget Updates/ Status Reports from County Auditor, an necessary b. District Attorney c. 19th District Court d. Tradinghouse Lake/Park e. Tax Office( Ad Valorem) f. Justice of the Peace, Precinct 2 g. Constable, Precinct 1 2. Regarding the FY 16 Budget: a. Discussion/ Actions re: Budget Policies, Priorities, Timelines, Reports from County Auditor and/ or Budget Work Sessions including, but not limited to, any/ all matters relative to the FY 16 Budget/ 2015 Tax Rate, as needed H. COUNTY SHERIFF / JAIL / CRIMINAL JUSTICE ISSUES ( County Operated / Privately Operated Jail Facilities): Change Orders, Pay Apps, Repairs/ Renovations/ Infrastructure Improvements / Personnel/ Salary Matters/ Updated Reports/ Equipment Purchases/ RFP' s; Authorization of Contracts/ Agreements/ Amendments I. HEART O' TEXAS FAIR/ EXTRACO EVENTS CENTER: Authorization re: Contracts / Professional Services / Lease / Rental Agreements / Contract Addendums / Change Orders / Extensions; Property Transactions / Deeds, Insurance, Surveys / Proposals / HOT Fair, Equipment / Supplies; Authorizations re: Purchases, Plans & Specifications, Construction, Operations, Pay Apps, Bids / RFP' s; Repairs/ Renovations, Expenditure Authorizations, related matters 1. Regarding the Moisture Intrusion/ Exterior Envelope Renovations/ Repairs to the Extraco Events Center: a. Structural Engineering Services— Winton Engineering: Authorization of Change Orders/ Payment Requests, Acceptance of Reports, Updates, related matters b. ARC Roofing Agreement: Authorization of Change Orders / Work Orders / Additional Services / Addendums, Updates, related matters J. GRANTS / PROPSOALS / SPECIAL PROJECTS: Authorization of Grant Applications / Contracts / Grants, Administration & Reporting Matters/ Consulting Services/ Pay Apps/ Change Orders/ Bids/ Invoices/ related Legal Matters/ Documents 1. Regarding Bureau of Reclamation WaterSMART Drought Contingency Planning Grant: Authorization of Application Submission and Approval of Related Resolution K. BIDS/ RFP' S/ RFQ' S/ QUOTATIONS for GOODS & SERVICES, including Recording of Vendor HB 914 Conflict Disclosure Statements, if applicable 1. Authorization re: Renewal of Bid 13- 015: Pnnted Forms for CSCD( Fermin Business Forms) L. CONSENT AGENDA ITEMS: 1. Reading/ Approval of Previous Meeting Minutes: Acceptance of Amendments/ Supplements/ Corrections; Recording into the Court Minutes of Previously Approved Documents, Items Not Requiring Court Action, HB 914 Conflict Disclosure Statements, as applicable 2. Financial Obligations of McLennan County: a. Authorization for Co. Treasurer to Pay County Checks/ Wire/ Electronic Transfers Issued Since the Last Authorization b. County Treasurer: Interest/ Investment Reports/ Authorizations/ Recording of McLennan County Investment Policy/ Acknowledgement Forms/ Pooled Cash Account Balance Reports 3. Human Resources/ Salary Matters: Benefits/ Status Forms/ Revisions to Salary Schedules; Authorizations Regarding Human Resources Issues / Revisions to Human Resources Policies; Compensation / Classification Issues / Personnel Reviews / Reclassifications, Administrative Guidelines; Consultant Reports, Recommendations, Job Descnptions/ Postings Agenda continued on page 2
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THE COMMISSIONERS COURT *McLENNAN COUNTY *
THE STATE OF TEXAS *
TO ALL PERSONS INTERESTED:
NOTICE IS HEREBY GIVEN that, in accordance with the Government Code, Chapter 551,( known as the Open Meetings Act), as amended, as ecial meeting of Commissioners' Court, the governing body of McLennan County, will be held on Tuesday, the
16th
day of June, 2015 at9: 00 a. m. in the Commissioners' Courtroom, ls` Floor, West Wing, McLennan County Courthouse, City of Waco, Texas, at which time, thesubjects below will be considered.
AGENDA
I. PROOF OF POSTING OF NOTICE in accordance with the provisions of Chapter 551. 041, Government Code, as amended, known asthe Open Meetings Act.
II. A MOMENT OF SILENCE/ INVOCATION; PLEDGE OF ALLEGIANCEIII. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
A. APPROVAL/ RATIFICATION OF PROCLAMATION/ RESOLUTIONSB. HEARING FROM MEMBERS OF THE PUBLIC ON COUNTY BUSINESS MATTERSC. ITEMS PREVIOUSLY DEFERRED
1. Proclamation Honoring Reverend E. Shaun Williams— Recognizing the Fourteenth Pastor Installation Service of the PleasantOlive Missionary Baptist Church& Welcoming the Williams Family to Waco, McLennan County, Texas
2. Authorization of Interlocal Cooperation Agreement and related documents: City of Waco and Waco Independent School Districtre: Waco Clinic Feasibility Study)
3. Re: Acceptance/ Non- acceptance of Officials/ County Department Heads/ Staff/ Departmental Reports/ Organizations ReportsUpdates:
a. Human Resources: Monthly Activity Report, May 2015D. RIGHT OF WAY PURCHASE, USE, CONVEYANCE and/or CONDEMNATION: Authorization/ Action on: Expansion/ Repair
Projects including, but not limited to: Easements/ Offers/ Contracts to Purchase ROW; Contracts for Sale; Contracts re: Appraisal /Surveying Services, ROW Acquisition / Sale; Authorization for Legal Counsel re: Eminent Domain / Condemnation Proceedings,Execution of Legal Documents
E. REGARDING COUNTY PROPERTY and/or CONSTRUCTION PROJECTS: Renovations, Repairs, Indemnification RegardingCleaning/ Maintenance Projects, Space Allocations/ Furnishings/ Equipment/ Architectural Services/ Invoices/ Approval of PayApplications/ Change Orders/ Contracts/ Lease Agreements/ Certifications of Substantial Completion/ Authorizations RegardingSale/ Lease/ Acquisition or Property
F. AUTHORIZATIONS RE: CONTRACTS/ LEASE AGREEMENTS/ INTERLOCAL AGREEMENTS:1. Economic Development: Authorization of Agreements; Consultant Services; Proposed Projects/ Program Project Agreements2. Authorization of Grant of Profit and Gravel Lease Agreement: Billy Miller( re: R& B, Precinct 4 Road Material)3. Authorization of Bundled Commercial Service Agreement Renewals: AMG Technology Investment Group, LLC dba NextLink
Broadband:
a. Video Visitation Center
b. Justice of the Peace, Precinct 3G. REGARDING THE COUNTY BUDGET: Amendments / Requests for Amendments and related Certification of Additional
Revenue, if applicable, Expenditure Requests, Other Budgetary Requests1. Regarding the FY 15 Budget:
a. Budget Updates/ Status Reports from County Auditor, an necessaryb. District Attorneyc. 19th District Court
d. Tradinghouse Lake/Park
e. Tax Office( Ad Valorem)
f. Justice of the Peace, Precinct 2
g. Constable, Precinct 1
2. Regarding the FY 16 Budget:a. Discussion/ Actions re: Budget Policies, Priorities, Timelines, Reports from County Auditor and/or Budget Work Sessions
including, but not limited to, any/ all matters relative to the FY 16 Budget/ 2015 Tax Rate, as neededH. COUNTY SHERIFF / JAIL / CRIMINAL JUSTICE ISSUES ( County Operated / Privately Operated Jail Facilities): Change
HOT Fair, Equipment / Supplies; Authorizations re: Purchases, Plans & Specifications, Construction, Operations, Pay Apps, Bids /RFP' s; Repairs/ Renovations, Expenditure Authorizations, related matters1. Regarding the Moisture Intrusion/ Exterior Envelope Renovations/ Repairs to the Extraco Events Center:
a. Structural Engineering Services— Winton Engineering: Authorization of Change Orders/ Payment Requests, Acceptance ofReports, Updates, related matters
b. ARC Roofing Agreement: Authorization of Change Orders / Work Orders / Additional Services / Addendums, Updates,
related matters
J. GRANTS / PROPSOALS / SPECIAL PROJECTS: Authorization of Grant Applications / Contracts / Grants, Administration &
Reporting Matters/ Consulting Services/ Pay Apps/ Change Orders/ Bids/ Invoices/ related Legal Matters/ Documents1. Regarding Bureau of Reclamation WaterSMART Drought Contingency Planning Grant: Authorization of Application Submission
and Approval of Related Resolution
K. BIDS/ RFP' S/ RFQ' S/ QUOTATIONS for GOODS & SERVICES, including Recording of Vendor HB 914 Conflict DisclosureStatements, if applicable
1. Authorization re: Renewal of Bid 13- 015: Pnnted Forms for CSCD( Fermin Business Forms)
L. CONSENT AGENDA ITEMS:
1. Reading/ Approval ofPrevious Meeting Minutes: Acceptance of Amendments/ Supplements/ Corrections; Recording into theCourt Minutes of Previously Approved Documents, Items Not Requiring Court Action, HB 914 Conflict Disclosure Statements,as applicable
2. Financial Obligations ofMcLennan County:a. Authorization for Co. Treasurer to Pay County Checks/ Wire/ Electronic Transfers Issued Since the Last Authorizationb. County Treasurer: Interest/ Investment Reports/ Authorizations/ Recording of McLennan County Investment Policy/
Acknowledgement Forms/ Pooled Cash Account Balance Reports
3. Human Resources/ Salary Matters: Benefits/ Status Forms/ Revisions to Salary Schedules; Authorizations Regarding HumanResources Issues / Revisions to Human Resources Policies; Compensation / Classification Issues / Personnel Reviews /
Reclassifications, Administrative Guidelines; Consultant Reports, Recommendations, Job Descnptions/ PostingsAgenda continued on page 2
Agenda continuedfrom page 1
L. Consent Agenda Items continued4. Authorizations / Ratifications re: RFQ' s / RFQ' s / Bids / Advertisements / Publications / Public Notices / Sole Source
Determinations/ Surplus/ Scrap Property Determinations/ Recording ofLegal Notificationsa. Authorization of Advertisements for RFQ' s/ Bids/ RFP' s/ Public Notices
5. Travel and/or Education Requests/ Ratifications:a. Justice of the Peace, Precinct 3
6. Acceptance/ Non Acceptance of Officials/ County Department Heads/ Staff/ Departmental Reports/ Organization Reports/Updates; Policy Recommendations; Reports relative to County Contracts/ Agreements/ Programs; Recording of Educationalor Insurance Certificates/ Awards/ Bonds/ Recording ofConflict Disclosure Statements, Presentations to the Courta. County Auditor: Monthly Activity Report, May 2015b. Mental Health Court Services: Monthly Activity Reports, May 2015c. Maintenance of Equipment: Monthly Activity Reports, May 2015d. Archives: Quarterly Activity Report, March— May 2015e. Juvenile Probation: Monthly Activity Reports, May 2015f. Health Benefits Plan Manager: Monthly Activity Report, April—May 2015g. Animal Welfare Advisory Board: Recording of Meeting Minutes
7. Commissioners Court, Discussion on, Consideration of and/ or Action on:a. Ratification of Purchase/ Designation of Authorized Purchaser:
1) Maintenance of Equipment: Ratification of Expenditures( Freddy' s Auto Glass& Miller, Inc.)b. Authorization re: Burn Ban in the Unincorporated Areas of McLennan Countyc. Regarding County Board Appointments: Authorization of Appointment to the Reinvestment Zone Number One East, City of
Lorena Board of Directors
d. Authorization of Tax Resale Deeds:1) MCAD# 280290000077000& 280290000078006: Lots 28, 29& 30, Lincoln Park Addition, City of Waco, McLennan
County, Texas2) MCAD# 280290000081006: Lots 35& 36 A, Block 4, Lincoln Park Addition, City of Waco, McLennan County, Texas3) MCAD# 280290000074000: Lots 23, 24,& 25, Block 4, Lincoln Park Addn, City of Waco, McLennan County, Texas
M. COMMISSIONERS COURT WORK SESSION: Information Gathering, Discussions, Status Reports / Updates and/ or
Presentations on any or all of the items listed below ( no action will be taken by the Court on items presented in this part of themeeting): Discussion/ Suggestions Regarding: Future Work Session Items1. Discussion re: Criminal Justice Issues: Updates regarding the Electronic Monitoring Program / Coordinating the McLennan
County Criminal Justice System/ Criminal Justice Process/ Creation of a Criminal Justice Work Group/ Discussion on Ways toControl the Jail Population / MHMR Services at the County Jail / Pretrial Services / Veterans & Mental Health Courts /Courthouse Security/ Video Conferencing Utilization/ Public Nuisance Reporting& Enforcement Process, related matters
2. Discussion re: Capital Expenditures: including Discussion Regarding the Time Schedule for Capital Outlay/ Recommendationsfrom the Finance Committee Regarding the Spending Policy/ Equipment Financing, related matters
3. Discussion re: County Property: including Discussion Regarding Space Availability & Utilization of County Buildings,Utilization Planning, Consultant, Joint Facilities Master Plan or Study/ Updates re: Maintenance at Hwy 6 or Downtown Jail /Maintenance at Tradinghouse Lake/ Park/ Recommendations from Tradinghouse Lake/Park Advisory Committee/ TradinghouseLake Pavilion Rental Issues/ Policy for County Right of Ways/ Former Justice of the Peace, Precinct 2 Office/ Themis Statue/Policy re: Office Remodeling and Matters Related Thereto
4. Discussion re: Texas Department of Transportation: including Discussion re: Rural/ Public Transportation, related matters5. Discussion re: North& East County Judges and Commissioners Association Conference6. Discussion re: the County Website: including, but not limited to, Website Design/ Rebuild
IV. Executive Session: A closed meeting will be held pursuant to:A. Section 551. 071 of the Government Code ( V.C.T.A.): so that the Commissioners Court can seek and receive legal advice from its
attorneys regarding pending or threatened litigation, settlement offers, claims, or other matters for which the attorneys' duties to theirclient under the Texas State Bar Disciplinary Rules of Professional Conduct Conflicts with the Open Meetings Act ( Ch. 551, Gov.Code) if necessary for a subject contained on this agenda, and with regard to reporting on pending lawsuits in relation to deductibleestimates, Patrick Murphy, et al v. McLennan County, et al, jail death matter, Department of Justice ADA Compliance Review, Claimfor Damage to Property in Right-of-Way, Legal Obligations, Legal Options, and Potential Liabilities on Jack Harwell DetentionCenter and/ or McLennan County Downtown Jail Operation and Management Contracts
B. Section 551. 072 of the Government Code ( V.CT.A.): Regarding Real Property, including, but not limited to: ( 1) Right-Of-WayAcquisitions re: Expansion / Repair Project' s; and/or ( 2) Real Estate Purchase / Sale / Transfer / Trade / Offers to Purchase,
Acquisition/ Value/ Donations of Real Property/ Leases relative to Real Property, including, but not limited to, Potential Propertiesfor Use by County/ Public Facilities& Valuation of Current Property for Trade or Sale
C. Section 551. 0725 of the Government Code ( VC.T.A.): Deliberation of Business and Financial Issues regarding a Contract beingNegotiated because Deliberation in Open Meeting would have a Detrimental Effect on the Position of the Commissioners Court inNegotiations with a Third Person... re: Jack Harwell Detention Center and/or McLennan County Downtown Jail Operation andManagement Contracts
D. Section 551. 087 of the Government Code ( V.C.T.A.): Regarding Economic Development Negotiations including, but not limited to1) Discussion of Commercial / Financial Information Received from a Business Prospect' s; ( 2) Pending Negotiations / Potential
Prospects and Projects; and/or( 3) Discussion re: Offers of Financial or Other Incentives to Business Prospect' s
Signed this the 11 ' day of June, 2015
MC171,-461,1.—i
SCOTT M. FELTON, County Judge
STATE OF TEXAS *
COUNTY OF McLENNAN *
I, J. A." ANDY" HARWELL, County Clerk, and the Ex-Officio Clerk to the Commissioners Court, hereby certify that the above and foregoing is a true andcorrectspppy of a OTICE OF MEETT NG posted by me at the Courthouse door in Waco, McLennan County, Texas, where notices are customarily posted thisthe//" aay of, 2015 at `y.'o5o' clockEm.
Witness my handand seal of office at Waco, McLennan County, Texas this,&' day of6Lie_,2015
J. A."
AND'HARWEL o Clerk, McLennan County, Texas
By" s-. uty) SEAL
Notice. Persons with disabilities in need of auxiliary aide or services may contact the County Judge' s Office,( 254) 757-5049, prior to the meeting date
Mgt JUN162015
JA"ANDY HARWELL, County CtodtMcLennan County, Texas
By KELLY FULLS-RIGHT DEPUTY
AGENDA: JUNE 16, 2015
II. A MOMENT OF SILENCE/ INVOCATION; PLEDGE OF ALLEGIANCE
CD-337, 9: 01
County Judge Felton stated that at this time we will have a moment of silence. County Judge Felton then
stated that we will now have the Pledge of Allegiance led by our County Veteran Service Officer.
The Court went to item C. 1. re: Proclamation Honoring Reverend E. Shaun Williams —Recognizing the Fourteenth Pastor Installation Service of the Pleasant Olive Missionary BaptistChurch& Welcoming the Williams Family to Waco, McLennan County, Texas.
ORDER APPROVING:
PROCLAMATION HONORING REVEREND E. SHAUN WILLIAMS—
RECOGNIZING THE FOURTEENTH PASTOR INSTALLATION SERVICE OF
THE PLEASANT OLIVE MISSIONARY BAPTIST CHURCH& WELCOMING
THE WILLIAMS FAMILY TO WACO, MCLENNAN COUNTY, TEXAS
On this the 16 day of June, 2015, came on for consideration the matter of Proclamation Honoring
Reverend E. Shaun Williams — Recognizing the Fourteenth Pastor Installation Service of the
Pleasant Olive Missionary Baptist Church & Welcoming the Williams Family to Waco,
McLennan County, Texas. Commissioner Gibson made a motion to approve and it was seconded
by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge Felton,
Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court
that said Proclamation be, and the same is hereby, approved by unanimous vote.
The Court went back to B. Hearing from Members of the Public on County Business Matters.
AGENDA: JUNE 16, 2015
III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
B. HEARING FROM MEMBERS OF THE
PUBLIC ON COUNTY BUSINESS MATTERS
Mr. Ernesto Fraga
Mr. Robert Aguilar
Mr. Robert Gamboa
Mr. Jaime Villarreal
Mr. Michael Jones
Mr. Mark Figueroa
Ms. Anna Santiago
Ms. Amanda Contreras
Ms. Stephanie Ayala
Ms. Genevieve Cervantez
Ms. Vernetta Stallings
CD-337, 9: 05
County Judge Felton opened the floor to anyone present who wished to address the Court on County businessmatters. Mr. Ernesto Fraga, Mr. Robert Aguilar, Mr. Robert Gamboa, Mr. Jaime Villarreal, Ms. Amanda
Contreras, Ms. Stephanie Ayala and Ms. Genevieve Cervantez addressed the Court regarding the termination ofMs. Ayala and Ms. Cervantez from the Human Resources Department. Mr. Mark Figueroa and Ms. Anna
Santiago addressed the Court regarding HR Director Amanda Talbert. Mr. Michael Jones addressed the Courtregarding the McLennan County Appraisal District. Ms. Vernetta Stallings addressed the Court regardingJustice. Not hearing anyone else speak, County Judge Felton closed the hearing.
The Court went to item C. 2. re: City of Waco and Waco Independent School District ( WacoClinic Feasibility Study).
AGENDA: JUNE 16, 2015
III. CONSIDERATION OF, AND I OR ACTION ON, THE FOLLOWING:
C. ITEMS PREVIOUSLY DEFERRED:
1. Proclamation Honoring Reverend E. Shaun Williams— Recognizing Approved
the Fourteenth Pastor Installation Service of the Pleasant Olive See before item B.)
Missionary Baptist Church& Welcoming the Williams Family toWaco, McLennan County, Texas
2. Authorization of Interlocal Cooperation Agreement: City of Waco Kept Deferred
and Waco Independent School District( re: Waco Clinic FeasibilityStudy) and related documents
3. Re: Acceptance/ Non- acceptance of Officials/ County DepartmentHeads/ Staff/ Departmental Reports/ Organizations Reports, Updates.
a. Human Resources: Monthly Activity Report, May 2015 Pulled— No
Action Taken
CD-337, 9: 30
KEPT DEFERRED:
AUTHORIZATION OF INTERLOCAL COOPERATION AGREEMENT:
CITY OF WACO AND WACO INDEPENDENT SCHOOL DISTRICT
RE: WACO CLINIC FEASIBILITY STUDY) AND RELATED DOCUMENTS
On this the 16 day of June, 2015, came on for consideration the matter of Authorization of
Interlocal Cooperation Agreement: City of Waco and Waco Independent School District ( re:
Waco Clinic Feasibility Study) and related documents. After discussion, Commissioner Perry
made a motion to defer and it was seconded by Commissioner Snell. A vote being called for,
voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson and
Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is
hereby, kept deferred by unanimous vote.
PULLED—NO ACTION TAKEN:
MONTHLY ACTIVITY REPORT, MAY 2015
RE: HUMAN RESOURCES
On this the 16 day of June, 2015, came on for consideration the matter of Human Resources: Monthly
Activity Report, May 2015. Judge Felton directed the Clerk to show item as pulled and no action taken.
No Action Taken.
AGENDA: JUNE 16, 2015
III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
F. AUTHORIZATIONS RE: CONTRACTS/ LEASE AGREEMENTS/
INTERLOCAL AGREEMENTS:
1. Economic Development: Authorization of Agreements; Consultant None
Services; Proposed Projects/ Program Project Agreements
2. Authorization of Grant of Profit and Gravel Lease Agreement: Billy Miller Approved
re: R& B, Precinct 4 Material)
3. Authorization of Bundled Commercial Service Agreement Renewals:
AUTHORIZATION OF GRANT OF PROFIT AND GRAVEL LEASE AGREEMENT:
BILLY MILLER( RE: R& B, PRECINCT 4 ROAD MATERIAL)
On this the 16 day of June, 2015, came on for consideration the matter of Authorization of Grant
of Profit and Gravel Lease Agreement: Billy Miller ( re: R& B, Precinct 4 Road Material). After
discussion, Commissioner Perry made a motion to approve and it was seconded by Commissioner
Snell. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner
Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court that said
Authorization be, and the same is hereby, approved by unanimous vote.
THE STATE OF TEXAS §COUNTY OF MCLENNAN §
GRANT OF PROFIT AND GRAVEL LEASE
This Agreement is made this I( Q1' day of JVI2015, by and between McLennan County, Texas( hereinafter" Grantee") and
rat) (n.l L. hereinafter" Grantor").
I. Grant
WHEREAS, Grantor is the owner of certain real property composed ofapproximately 85 acres east of Anderson Lane and described as a portion of thedeed to Billy Ray Miller.. and wife, Charlotte Miller found in vol/page 1510- 329 ofthe deed records of McLennan County; and
WHEREAS, there is a need for a source from which to mine local gravel foruse in Precinct 4 Road and Bridge operations; and
WHEREAS, Grantee desires to acquire the right to remove road materials
gravel) from said property by Precinct 4 efforts for use of Precinct 4;
NOW, THEREFORE, for the consideration set forth herein, Grantor hereby
grants and demises unto Grantee the following profits, rights and privileges in, upon,and across the real property described in this agreement:
1. The right to mine, quarry, remove and transport gravel from the realproperty described above by Precinct 4 for the use of Precinct 4.
2. The free and full right of ingress and egress to, from, on and over the
property described above hereto and any other property of the Grantor necessary toreach the site.
3. The right to use the property described above in any way necessary tosecure the removal of gravel from the property, provided that Grantee will attempt toconfine its use to that property which is reasonably necessary for its operations.
II. Consideration
In consideration of the grant herein made, Grantee shall pay the sum of twoand xx/ 100 dollars($ 2.00) per cubic yard for all acceptable gravel removed from the
real property described above.
Payment: McLennan County shall keep a daily record of acceptable materialremoved from the property as measured in County vehicles. A report of this recordalong with the payment for the materials removed will be delivered to Grantor atGrantor's address 975 Anderson Lane McGregor, Texas 76657, McLennan County,Texas on or before the fifteenth day of each month during which this agreement or asubsequent renewal thereof is in effect for the preceding month.
1
III. Term
This contract shall be for the term of one ( 1) year beginning on
2015. After the expiration of its primary term or any renewal period,this contract will renew for an additional one ( 1) year period for up to ten ( 10)
renewal periods. This agreement automatically renews at the end of the primaryterm or any renewal period unless the Grantee gives notice of its intent not to renew.
Either party may terminate this agreement on ninety( 90) days written notice.
IV. Additional Terms
1. Grantee shall obtain, at Grantee's expense, such permits, permission
or other requirements as may be set forth by the Texas Water Commission, U.S.Corps ofEngineers and any other state or federal regulatory or supervisory agency.
2. Grantor or Grantor' s tenants, licensees, invitees and guests shall not
use the property described herein in such a way as to interfere with the use andoperations of the Grantee. In this regard, Grantor and agricultural tenants may use
the access road so long as their use does not interfere with the use of the Grantee.Grantor indemnifies and holds Grantee harmless from and against any and all claims,
damages, loss, and liability for personal injury, death or property damage arisingfrom the use of the access road and above-described property by Grantor and tenants,licensees, invitees, and guests. The parties assume the risk of any conditions existingon the road in their use thereof.
4. Grantor warrants and represents to Grantee that Grantor is the holderof fee simple title to the property described above and that he has full right andauthority to grant the profits, rights, lease and privileges set out in this agreement toGrantee.
5. The payments to be made by Grantee under this contract shall be
made only out of current revenues and do not constitute a debt obligation of theGrantee.
No landlord lien on any personal property or equipment of the Grantee isgiven. Upon any termination of this Agreement, Grantor shall allow the Grantee toremove its property and equipment.
6. Grantee shall not be required to purchase any set amount of gravel
from Grantor and Grantee makes no representation as to the amount of gravel, if any,that it will purchase pursuant to this agreement. Grantee has the full right to purchasegravel from other sources without affecting its rights under this agreement.
7. Should Grantee fail to remove gravel in an amount of at least fivethousand ( 5, 000) cubic yards during any period of one ( 1) year ( based on agreementanniversary date) under this agreement, Grantor may, at Grantor' s option, terminatethis agreement and all rights of the Grantee hereunder by giving 60 days writtennotice to the Grantee. However, a period of time during which the Grantee is
2
prevented from removing gravel by reason of poor weather, flood, hurricanes,strikes, lockouts, or other industrial disturbances, explosions, civil commotion, acts
of God or the public enemy, governmental prohibitions or preemptions, embargoes,the act of default of the Grantor or one under Grantor's control or on the land by herpermission, or other events beyond the reasonable control of the Grantee, as the case
may be, in which event makes performance hereunder commercially impractical,shall be added to the one( 1) year time period set forth above in this paragraph.
8. No promise to remediate or restore the property to any specific
condition after cessation of operations is made hereby.9. This agreement contains all agreements and undertakings, either oral
or written, of the parties with respect to any matter mentioned herein. No prioragreement or understanding pertaining to any such matter shall be effective.
10. This agreement shall not be modified or amended except by a writteninstrument executed by duly authorized representatives of both parties and approvedby the Commissioners' Court of McLennan County, Texas.
11. This agreement shall be deemed performable by the parties in Waco,McLennan County, Texas. The agreement shall be construed and interpreted inaccordance with the laws of the State of Texas.
12. This agreement is binding on the parties and their heirs, successors,administrators, executors and assigns and may be filed of record in the McLennanCounty Deed Records.
Signed and executed this t(f/11'
day of JI) WGIG2015.
GRANTEE
McLennan County, Texas
By: 40/27.
Scott Felton, County Judge asAuthorized by Commissioners'Court Order
7e919A
SUBSCRIBED AND SWORN TO BEFORE ME by Oftihh0 on this the tApr
day
of
JUMP ,
2015.
I1P f
opfYPOZ• REGAN COPELAND
Notary Public, State of Texas ' i Notary Public, State of Texass: , My Commission Expires 1
OF ,,, OCTOBER 12, 2015 '
GRANTOR
44A04.1e.
it,, ,I.'"".•
SUBSCRIBED AND SWORN TO BEFORE ME by on this theauP1
day
of April ,2015.
KORI IL16i
Pi /i!_ XI
d M
J1,11
TV..1140 June 7, 2017MY COMMISSION EXPIRES Notary Public, State ofTexas
JUN 162015
JA"ANDY HARWELL, County Gut4 McLennan County, Texas
By: KELLY FULLBRIGHTDEPUTY
ORDER APPROVING:
AUTHORIZATION OF BUNDLED COMMERCIAL
SERVICE AGREEMENTS RENEWALS:
AMG TECHNOLOGY INVESTMENT GROUP,
LLC DBA NEXTLINK BROADBAND:
VIDEO VISITATION CENTER
AND
JUSTICE OF THE PEACE, PRECINCT 3
On this the 16 day of June, 2015, came on for consideration the matter of Authorization of
Bundled Commercial Service Agreements Renewals: AMG Technology Investment Group, LLC
dba NextLink Broadband: Video Visitation Center and Justice of the Peace, Precinct 3. After
discussion, Commissioner Perry made a motion to approve and it was seconded by Commissioner
Snell. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner
Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court that said
Authorization be, and the same is hereby, approved by unanimous vote.
r
tori
N NA' 1
to ilECr1.4f1. 1` PPPPPLI'' QAu * 4iJ: a tY1. iitliil.
t ' ACA.TT.X4S
Ken Bass
Director of Purchasing Office ( 254) 757- 5016
214 North51h
Street Fax: ( 254) 757- 5068
Waco, Texas 76701 ken bass@co mclennan ix us
June 16, 2015
Re: Service Agreement Renewals with Nextlink Broadband
Commissioners,
We have two separate service agreements with AMG Technology Investment Group, LLC, Joinbusiness as Nextlink Broadband. Nextlink Broadband is providing services that allow Justice of thePeace Precinct 3 and the McLennan County Video Visitation Center access to the Internet.
It is time to consider the extension of these agreements.
Justice of the Peace Precinct 3 is receiving a 10 x I 0 Commercial Link for$ 250. 00/ month.Original Contract Date was June 3, 2014.
Renewal will be June 3, 2015 —June 2, 2016
Video Visitation Center is receiving a 10 x 10 Commercial Link for $200 00/ month.Original Contract Date was May 15, 2014Renewal will be May 15, 2015 — May 14, 2016
The difference in cost is because of the difference in distance from the tower.
We respectfully submit this information to Commissioners Court for your consideration
Tha You,
en Bas17te VX ESO -C
APPROVED BY 00WASSONERS COURTDAY OF .!"
JUN 162015
JA' ANDYHARWELL, CountyQ1@fitMcLennan County, Texas
By: KELLY EILWIRIGHT DEPUTY
AGENDA: JUNE 16, 2015
III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
G. REGARDING THE COUNTY BUDGET: Amendments/ Requests for Amendments
and related Certification ofAdditional Revenue, ifapplicable/ Expenditure Requests,Other Budgetary Requests
1. Regarding the FY 15 Budget:
a. Budget Updates/ Status Reports from None
County Auditor, as necessary
b. District Attorney Approved
c. 19th
District Court Approved
d. Tradinghouse Lake/ Park Approved
e. Tax Office( Ad Valorem) Approved
f. Justice of the Peace, Precinct 2 Pulled— No Action Taken
g. Constable, Precinct 1 Approved
2. Regarding the FY 16 Budget:
a. Discussion/ Actions re: Budget Policies, Priorities, Discussion OnlyTimelines, Reports from County Auditor and/ or See after Order
Budget Work Sessions including, but not limited Recessing)to, any/ all matters relative to the FY 16 Budget/2015 Tax Rate, as needed
CD-337, 9: 37
PULLED AND NO ACTION TAKEN:
JUSTICE OF THE PEACE, PRECINCT 2
RE: FY 15 BUDGET
On this the 16 day of June, 2015, came on for consideration the matter Regarding the FY 15
Budget: Justice of the Peace, Precinct 2. Judge Felton directed the Clerk to show item as pulled
and no action taken. No Action Taken.
ORDER APPROVING FY 15 BUDGET AMENDMENTS:
DISTRICT ATTORNEY;
19TH DISTRICT COURT;
TRADINGHOUSE LAKE/PARK;
TAX OFFICE( AD VALOREM)
AND
CONSTABLE, PRECINCT 1
On this the 16 day of June, 2015, came on for consideration the matter Regarding the FY 15
Budget: District Attorney; 190 District Court; Tradinghouse Lake/ Park; Tax Office (Ad Valorem)
and Constable, Precinct 1. After discussion, Commissioner Gibson made a motion to approve by
acclamation b. District Attorney; c. 19th District Court, d. Tradinghouse Lake/ Park, e. Tax Office
Ad Valorem and g. Constable, Precinct 1 and it was seconded by Commissioner Perry. A vote
being called for, voting in favor of said motion was Judge Felton, Commissioner Snell,
Commissioner Gibson and Commissioner Perry. It is ordered by the Court that said FY 2015
Budget Amendments be, and the same are hereby, approved by unanimous vote.
BUDGET AMENDMENT REQUEST
McLennan County Commissioners CourtMcLennan County CourthouseWaco, Texas 76701
Re: Budget Amendment for: Fund 001( General Fund)
Gentlemen:
1 hereby request the folowing budget amendment for the fiscal year ending 09/30/15:
REQUESTED INCREASE( s)sub- - Requested
Fund Function Fume Dept• Dept Name Object( Accc•) Account Description Current Budget Increase Amended Budget
001 10 10 0210 Crlm DA 619102 ProfessFonal Development 18,000 7.800 23.800
This budget amendment is requested to Increase the budget for' professional development' for the Criminal District Attorney bya fine Item transfer from" full-tune employees" for 511, 300. Due to vacancies in the department this amount Is available In the
salary line item.
Approved by
Respectfully Submitted Approved as to form Commissioners Court
Requestor: County Auditor County Judge
OrZ—°‘1---.—. lir/VA5
RUM JUN 162015
JA"ANDY HARWELL, County ClodsMcLennan County, Texas
I hereOy request the following budget amendment for the foal year ending 0W30113.
REQUESTED INCREASE(e
er~ Requestedare Fuhdern Fine D, m e a Daq M s Ogas piers) A000rd Dssttptm Cmurad Budget Increase Amended Budget001 15 26 1410 19th DC 610103 Vbding Judges 1, 000 1, 270 2,276
001 15 26 1410 19th DC 601111 Other Services end Charges 1, 477 760 2,237
Total Maumee 2.036
REQUESTED DECREASE(e)
at> RequestedFur Wake AMP MN s Dap Naas agmw Uems/ 1 Socotra Description Cunard Budget Decrease Amended Budget
This budget amendment Is requested for additional siding Judge compensation for the Steal yew as well as a mabhbnerosapreemer4 m the Monograph equipment used by tr Comet Reporter
Approved byR upecaWhr Submitted as to tons Ccrmdpbdrrs Corot
Requester. County Auditor County Judge
t/ 15
mut ' JUDO 16 2015
IA'ANDY HARWELL,County C arkflMlefman County, Texas
By: KELLY FULLS IGI4T DEPUTY
BUDGET AMENDMENT REQUEST
McLennan County Commissioners CourtMcLennan County CourthouseWaco, Texas 76701
Re: Budget Amendment for: Fund 001 ( General Fund)
Gentlemen
I hereby request the following budget amendment for the fiscal year ending 09/ 30/ 15
REQUESTED INCREASE(s)
Sub- Requested
Fund Function Func Dept# Dept Name Object( Acct#) Account Descnption Current Budget Increase Amended Budget
This budget amendment is requested to increase the amount budgeted for Motor Vehicle Operating( FOG) in the TradinghouseLake budget for fiscal year 2015
Approved by
Respectfully Submitted Approved as to form Commissioners Court
Requestor: County Auditor County Judge
0/ 13
ROM ' JUN 16201
JA' ANDY HARWELL, County qtgiftBy; KELLYFF _
LICounti4TTDDEPUTY
1
tiBUDGET AMENDMENT REQUEST
McLennan County Commissioners Court 1,McLennan County CourthouseWaco, Texas 78701
i
Re: Budget Amendment for Fund 001( General Fund) ItGentlemen:
I hereby request the following budget amendment for the fiscal year ending 091301x15.I
REQUESTED INCREASE ( s)
sub- Requested
Fund Fynerlon Fund Dept 1 Dept Name Object( gm..$) Account Description Current Budget increase Amended Budget
Transfer funds to Professional Development for training and to Other Service& Charges for the annual fee for Texas Police Chiefs
Association Foundation Recognition Program
Approved by
Respectfully Submitted Approved as to form Commissioners' Court
Requestor: County Auditor County Judge
Form B-0010( 10/ 1/ 12) Expires 09/30/15 a/ I(o45
JUN 16 2015
JA"ANDY HARWELL, County aukMcLennan County, Texas
By, KELLY FULLPIGHT DEPUTY
The Court went to item J. 1. re: Bureau of Reclamation WaterSMART Drought ContingencyPlanning Grant.
AGENDA: JUNE 16, 2015
III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
J. GRANTS/ PROPOSALS/ SPECIAL PROJECTS: Authorizationof Grant Applications/ Contracts/ Grant Administration& ReportingMatters/ Consulting Services/ Pay Apps/ Change Orders/ Bids/Invoices/ Legal Matters, related Legal matters/ Documents
1. Regarding Bureau of Reclamation WaterSMART Drought Approved
Contingency Planning Grant: Authorization of ApplicationSubmission and Approval of Related Resolution
CD-337, 9: 40
ORDER APPROVING:
AUTHORIZATION OF APPLICATION SUBMISSION
AND APPROVAL OF RELATED RESOLUTION
RE: BUREAU OF RECLAMATION WATERSMART
DROUGHT CONTINGENCY PLANNING GRANT
On this the 16 day of June, 2015, came on for consideration the matter Regarding Bureau of
Reclamation WaterSMART Drought Contingency Planning Grant: Authorization of Application
Submission and Approval of Related Resolution. After discussion, Commissioner Snell made a
motion to approve J. 1. and it was seconded by Commissioner Gibson. A vote being called for,
voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson and
Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is
hereby, approved by unanimous vote.
RESOLUTION NO.: ( 0' 10"?' 5
A RESOLUTION FOR SUBMITTAL OF AN APPLICATION TO THE BUREAU OF
RECLAMATION TO SUPPORT MCLENNAN COUNTY SUSTAINABLE WATER
SUPPLY AND DROUGHT CONTINGENCY PLANNING THROUGH THE
WATERSMART PROGRAM.
WHEREAS, McLennan County participates in and supports the efforts of the McLennan
County Water Resources Group to provide a sustainable and reliable water supply for all of
McLennan County; and,
WHEREAS, the McLennan County Water Resources Group is a voluntary alliance
comprised of representatives from McLennan County cities and water supply corporations, the
Southern Trinity Groundwater Conservation District, the Brazos River Authority, Texas Farm
Bureau, and at- large community members working together to help achieve a sustainable water
supply for McLennan County for the future; and,
WHEREAS, the McLennan County Judge serves on and provides leadership to the
McLennan County Water Resources Group; and,
WHEREAS, the WaterSMART supports local governments in preparing long-term
sustainable water supply plans aimed at providing resiliency during drought conditions; and,
WHEREAS, the objectives of the WaterSMART grant are consistent with the objectives
of the McLennan County Water Resources Group in providing for and protecting the long-term
water supply for McLennan County; and,
WHEREAS, McLennan County will participate in the study by providing staff support
as other in-kind services, should the grant funding be awarded; and
WHEREAS, the McLennan County Water Resources Group will work collaboratively
with McLennan County to pursue implementation of solutions for protecting and sustaining
water supplies for McLennan County identified through the proposed WaterSMART planning
effort;
NOW, THEREFORE, BE IT RESOLVED THAT the Commissioners Court of McLennan
County hereby approves the preparation and submittal of an application for a
WaterSMART planning grant for water sustainability and drought contingency planning.
PASSED AND APPROVED this IV-day of June, 2015 by affirmative vote of the McLennan
County Commissioner' s Court. I
Scott M. Felton, County Jul ge
McLennan County, Texas
ATTEST:
J. A. "ANDY" HARWELL, County Clerk
McLennan County, Texas
2/4 4AA,04471BY: Utsputy County 9erk
GRANTS.GOV - Search Opportunities- View Grant Opportunity Page 1 of 2
46"7-6-g•);,,, RI 5AS00047
r-.,-=-. 4WaterSMART: Drought Contingency Planning Grants for Fiscal Yeara 2015
CFDA Number(s): 15.514— Reclamation States Emergency Drought Relief
Cost Sharing or Matching Requirement: Yes
Posted Date: May 11, 2015
Creation Date: May 11, 2015
Original Closing Date for Applications: Jun 25, 2015
Current Closing Date for Applications: Jun 25, 2015
Archive Date: Jul 25, 2015
Estimated Total Program Funding: 2,000,000
Award Ceiling: 200,000
Award Floor: 0
ELIGIBILITY
Eligible Applicants: Others( see text field entitled" Additional Information on Eligibility" forclarification)
Additional Information on Eligibility: States, Indian tribes, irrigation districts, water districts, or otherorganizations with water or power delivery authority located in theReclamation States or Hawaii.
GRANTS.GOV - Search Opportunities- View Grant Opportunity Page 2 of 2
ADDITIONAL INFORMATION
Agency Name: Bureau of Reclamation
Description: The United States( U. S.) Department of the Interior's( Interior)WaterSMART( Sustain and Manage America's Resources for Tomorrow)Program establishes a framework to provide Federal leadership andassistance for using water efficiently, integrating water, and energy policiesto support the sustainable use of all natural resources, and coordinating thewater conservation activities of various Interior bureaus and offices.
Through the program, Interior is working to achieve a sustainable waterstrategy to meet the Nation' s water needs. The Bureau of Reclamation' sReclamation) Drought Response Program is an important part of
WaterSMART. Many areas in the west are currently experiencingunprecedented drought conditions. While droughts are common in the
western U. S., there is growing evidence that climate change is causinglonger and more frequent droughts in some areas. Drought directly impactsReclamation's ability to deliver water and power to contractors, central toReclamation's mission. As the Nation' s largest wholesale water supplier,
Reclamation must support our customers, stakeholders, and partners in
building resiliency to drought and climate change. Reclamation hasdeveloped a new Drought Response Program to improve our ability toassist States, tribes, and local governments to prepare for and addressdrought in advance of a crisis. The Drought Response Program supports a
proactive approach to drought by providing assistance to water managersto( 1) develop and update comprehensive drought plans( DroughtContingency Planning), ( 2) implement projects that will build long- termresiliency to drought( Drought Resiliency Projects), and ( 3) implementemergency response actions. This Funding Opportunity AnnouncementFOA) supports the Development and Update of Drought Contingency
Plans that will build long-term resiliency to drought and climate change. Forfurther information on the Drought Response Program, please seewww.usbr.gov/drought/. For further information on the WaterSMARTProgram, please see www.usbr.gov/WaterSMART/
Link to Additional Information: http://www.usbr.gov
Contact Information: If you have difficulty accessing the full announcement electronically, pleasecontact:
4s-c.0. st y.,,,, U. S. Department of the Interiorr _ Policy and Administration
7-' 7 •-Z7-- -•- i
Bureau of Reclamation
Denver, Colorado May 2015
Mission Statements
The U. S. Department of the Interior protects America' s natural
resources and heritage, honors our cultures and tribal communities,
and supplies the energy to power our future.
The mission of the Bureau of Reclamation is to manage, develop,and protect water and related resources in an environmentally andeconomically sound manner in the interest of the American public.
Funding Opportunity Announcement No. R15AS00047
WaterSMART:
Drought Contingency PlanningGrants for Fiscal Year 2015
U. S. Department of the Interior
Policy and AdministrationBureau of Reclamation
Denver, Colorado May 2015
Synopsis
Synopsis
Federal Agency Name: Department of the Interior, Bureau of Reclamation, Policyand Administration
Dates: Application due date: June 25, 2015 at 4.00 p. m.See FOA Sec IV.B) Mountain Standard Time( MST)
Eligible Applicants: States, Indian tribes, irrigation districts, water districts, orSee FOA Sec III.A) other organizations with water or power delivery authority
located in the Reclamation States or Hawaii.
Recipient Cost Share: 50 percent or more of total project costs. In exceptionalSee FOA Sec. III D) circumstances a reduction or waiver of the non- Federal
cost share may be considered
Federal Funding Up to$ 200,000 per agreement for a project that can beAmount: completed within 2 yearsSee FOA Sec. II. B)
Estimated Number of Approximately 6- 10 agreementsAgreements to be
Awarded:
Estimated Amount of The President' s fiscal year( FY) 2015 budget includes$ 5
Funding Available for million for the Drought Response Program. It is estimatedAward: that between$ 1, 000, 000 and $2, 000, 000 total will beSee FOA Sec. II. A) available for all awards under this FOA. However, more
funding may be made available for awards depending onthe demand for other program funding opportunities.Applications submitted under this FOA also may beconsidered if other funding becomes available for theDrought Response Program in FY 2015 or thereafter.Please refer to< www usbr.gov/drought/> for updated
funding information.
iii
Application Checklist
Application Checklist
The following table contains a summary of the information that you are requiredto submit with a Drought Contingency Planning Grant application.
Form SF 424A, available athttp// apply07 grants qov/apply/ FormLinksWamdv= 15>
Request for Cost
Share Reduction or Page 26
Waiver
Submit materials with your application by June 25, 2015
Documents should be submitted with your application, however, please refer to Section IV B— ApplicationSubmission Date of this FOA for extended submission dates
Drought Contingency Development and Update of Drought Contingency
Planning Plans
DUNS Data Universal Number System
FEMA Federal Emergency Management Agency
FOA Funding Opportunity Announcement
FY fiscal year
Framework Drought Response Program Framework
GO Grants Officer
Interior U. S. Department of the Interior
MST Mountain Standard Time
NDMC National Drought Mitigation Center
OMB Office of Management and Budget
P. L. Public Law
Project Drought Contingency Planning Project( s)
Reclamation Bureau of Reclamation
SAM System for Awards Management
Task Force Drought Planning Task Force
Title XVI Bureau of Reclamation' s Title XVI Water
Reclamation and Reuse program
U. S. United States
USC United States Code
WaterSMART Sustain and Manage America' s Resources forTomorrow
vii
Contents
Contents
Page
Synopsis iii
Application Checklist v
Acronyms and Abbreviations vii
Section I: Funding Opportunity Description 1
I. A WaterSMART— Development or Update of Drought Contingency Plansunder the Drought Response Program 1
I. B Objective of This FOA... .. .. 2
I C Requirements for Developing or Updating Drought Contingency Plans . .. 3
I C. 1 Required Elements to be Included in New Plans or Plan Updates 3
I C 2 Required Drought Contingency Planning Steps 5
I. D Program Authority 6
I E Other Drought Response Program Funding Opportunities 6
Section II: Award Information 7
II. A Total Project Funding 7
II B Funding Limitations........... .... ... .. 7
II. 0 Reclamation Responsibilities 7
II. D Award Date 8
Section III: Eligibility Information 9
III. A Eligible Applicants 9
III B Eligible Projects.. 9
III. 0 Ineligible Projects 9
III. D Length of Planning Process. . . .. . . 9
III E Cost-Sharing Requirement. ... ... ............ . 10
III E 1 Cost-Share Regulations 10
III E 2 In- Kind Contnbutions 10
III E 3 Pre-Award Costs . . 11
III E 4 Indirect Costs. 11
III G Other Requirements 12
Ill G 1 Laws, Permits, and Approvals 12
III G 2 System for Award Management( SAM) and Automated Standard Applicationfor Payments( ASAP) Registration 12
Section IV: Application and Submission Information 13
IV.A Address to Request Application Package 13
IV B Application Submission .... . 13
IV B 1 Submission Date and Time 13
IV B 2 Application Delivery Instructions 14
IV.0 Instructions for Submission of an Application 14
IV C 1 Applications Submitted by Mail or Express Delivery 14
IV C 2 Applications Submitted Electronically 15
IV C 3 Application Format and Length 15
IV.D Application Content .. 16
IV D 1 Mandatory Federal Forms 17
SF-424 Application for Federal Assistance 17
SF-424 Assurances . 17
IV D 2 Title Page 17
IV D 3 Table of Contents 17
IV D 4 Technical Proposal and Evaluation Criteria 17
Executive Summary 18
Background Data . 18
Technical Project Descnption 18
ix
Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
Evaluation Cntena 19
IV D 5 Existing Drought Contingency Plan Of applicable) 19
IV D 6 Required Permits or Approvals 19
IV D 7 Letters of Support 19
IV D 8 Official Resolution 19IV D 9 Project Budget 20
Funding Plan and Letters of Commitment 20Budget Proposal 22
Budget Narrative Format 23
Budget Form 26
IV D 10 Request for a Cost-Share Reduction or Waiver 26
IV. E. Funding Restrictions 27
Section V: Application Review Information 29
V A Technical Proposal– Evaluation Criteria 29V A 1 Evaluation Cntenon A– Need for a Drought Contingency Plan or Plan Update
40 points) 29
V A 2 Evaluation Cntenon B– Diversity of Stakeholders ( 35 points) . 31
V A 3 Evaluation Cntenon C– Project Implementation ( 20 points) 31
V A 4 Evaluation Cntenon D– Nexus to the Bureau of Reclamation( 5 points) . 32
V.B Review and Selection Process .. 32V B 1 Initial Screening 33V B 2 Application Review Committee( ARC) Review 34V B 3 Red Flag Review . 34V B 3 Managerial Review 34
V.C. Pre-Award Clearances and Approvals. . .. ... 34
Section VI: Award Administration Information 37
VI. A. Award Notices 37
VI. B. Award Document . .. .. 37
VI. C. Releasing Applications 37
VI. D. Reporting Requirements and Distribution.. .. .. .. 37VI D 1 Financial Reports 37
VI D 2 Program Performance Reports 37
Section VII: Agency Contacts 39
Tables
Table 1.— Summary of Non-Federal and Federal Funding Sources 21
Drought Contingency Plans under theDrought Response Program
The United States( U. S.) Department of the Interior' s ( Interior) WaterSMART
Sustain and Manage America' s Resourcesfor Tomorrow) Program establishes a
framework to provide Federal leadership and assistance for using waterefficiently, integrating water, and energy policies to support the sustainable use ofall natural resources, and coordinating the water conservation activities of various
Interior bureaus and offices. Through the program, Interior is working to achievea sustainable water strategy to meet the Nation' s water needs.
The Bureau of Reclamation' s( Reclamation) Drought Response Program is an
important part of WaterSMART. Many areas in the west are currentlyexperiencing unprecedented drought conditions. While droughts are common inthe western U.S., there is growing evidence that climate change is causing longerand more frequent droughts in some areas.' Drought directly impactsReclamation' s ability to deliver water and power to contractors, central toReclamation' s mission. As the Nation' s largest wholesale water supplier,
Reclamation must support our customers, stakeholders, and partners in buildingresiliency to drought and climate change.
Reclamation has developed a new Drought Response Program to improve our
ability to assist States, tribes, and local governments to prepare for and addressdrought in advance of a crisis. The Drought Response Program supports a
proactive approach to drought by providing assistance to water managers to1) develop and update comprehensive drought plans( Drought Contingency
Planning), ( 2) implement projects that will build long- term resiliency to droughtDrought Resiliency Projects), and ( 3) implement emergency response actions.
This Funding Opportunity Announcement (FOA) supports the Developmentand Update of Drought Contingency Plans that will build long-termresiliency to drought and climate change.
For further information on the Drought Response Program, please see
www.usbr. gov/drought/.
The Third National Climate Assessment, published by the U. S. Global Change ResearchProgram in 2014, links climate change to increased droughts in western states.
htto:// nca2014.globalchange.gov.
1
Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
For further information on the WaterSMART Program, please see
www.usbr.gov/ WaterSMART/.
I. B Objective of This FOA
The objective of this FOA is to invite States, Indian tribes, irrigation districts,
water districts, and other organizations with water or power delivery authority toleverage their money and resources by cost- sharing Drought ContingencyPlanning with Reclamation to build resilience to drought in advance of a crisis.Applicants under this FOA may request funding to develop a new drought plan orto update an existing drought plan. Applicants may also request technicalassistance from Reclamation for the development of elements of the Drought
Contingency Plan ( Project). Applicants must provide a 50 percent non- Federal
cost- share for the proposed Project.
It is a well-established principle that planning for drought, in advance of a crisis,is far more cost effective than emergency response. As stated on the NationalDrought Mitigation Center( NDMC) website at http:// drought. unl.edu/:
One frequently cited estimate fromFEMA2
is that" mitigation"— takingsteps ahead of time to prevent known impacts from a natural disaster—
saves$ 4 for every$ 1 expended. Planning ahead is generally seen asmore efficient and more effective than measures taken in crisis mode.
Drought researchers have found that after-the- fact assistance to farmers,
for example, is expensive and doesn' t necessarily reach the right people.
Through this FOA, Reclamation seeks to support collaborative planning effortsthat use a proactive approach to build long- term resiliency to drought. DroughtContingency Plans developed under this program are required to includeparticipation by multiple stakeholders to encourage more comprehensive plansthat address issues important to different sectors( e.g., agricultural, municipal, andenvironmental). Participation by multiple stakeholders will also broaden supportfor mitigation and response actions identified in the plans. In addition, Drought
Contingency Plans developed under this FOA must include consideration ofclimate change impacts to water supplies, in order to support long term resiliencyto climate change.
Given current budget constraints and competing priorities for limited funding,Reclamation does not expect to submit recommendations to Congress
for authorizing legislation or appropriations for construction following thecompletion of a Drought Contingency Plan. However, potential projectsidentified in a Drought Contingency Plan may be considered for funding underthe Drought Resiliency Projects FOA, so long as the project meets all programand eligibility requirements.
2 Federal Emergency Management Agency( FEMA)
2
Section I Funding Opportunity Description
I. 0 Requirements for Developing or UpdatingDrought Contingency Plans
Drought Contingency Plans developed under Reclamation' s Drought ContingencyPlanning Grants must meet the requirements of the Drought Response Program.These requirements include the six elements of a Drought Contingency Plan andseveral required procedural steps, both of which are described immediately below.In developing these requirements, Reclamation relied on proven approaches andcommon practices used in drought planning. The required elements and steps areintended to guide the planning process, but still allow recipients flexibility to usean approach that meets their budget and planning needs. Guidance on potentialapproaches for meeting the program requirements is provided in more detail in theDrought Response Program Framework( Framework), available at www.usbr.gov/
drought/.
I. C. 1 Required Elements to be Included in New Plans or
Plan Updates
Drought Contingency Plans must address each of the six elements describedimmediately below. Updates to the plan may focus on only those elements thathave not yet been developed in the plan, or that require further development or
updating. Reclamation does not prescribe any one approach to developing andaddressing these elements in a plan or plan update. However, further explanationand guidance to support the development of each element is provided in the
Framework, available at www.usbr.gov/ drought/.
The six required elements for Drought Contingency Plans developed or updatedunder this FOA are as follows:
1. Drought Monitoring.—The plan must establish a process for monitoringnear and long- term water availability, and a framework for predicting theprobability of future droughts or confirming an existing drought. Thisincludes a process for the collection, analysis, and dissemination of water
availability and other drought- related data( e. g., precipitation, temperature,and streamflow levels, among other indicators). The plan must also
explain how this data will be used to predict or confirm droughts,
including identifying metrics and triggers ( e. g., reservoir level reached at aspecific reservoir and use ofspecific drought indices) that may be used todefine stages of drought, to trigger mitigation or response actions, and to
define the different stages or levels of severity of drought.
2. Vulnerability Assessment.— The plan must include a vulnerabilityassessment evaluating the risks and impacts of drought. A vulnerabilityassessment is an assessment of the risks to critical resources within the
planning area and the factors contributing to those risks. Assessments willdrive the development of potential mitigation and response actions. The
3
Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
assessment must be based on a range of future conditions, including theeffects ofclimate change. Guidance on incorporating climate changeinformation into the plan is provided in Appendix B of the Framework.
3. Mitigation Actions.—The plan must identify, evaluate, and prioritizemitigation actions and activities that will build long-term resiliency todrought and that will mitigate the risks posed by drought. Mitigationmeasures are actions, programs, and strategies implemented before
drought to address potential risks and impacts. These actions are outside
of regular water management activities and are intended to decrease sector
vulnerabilities and reduce the need for response actions.
4. Response Actions.—The plan must identify, evaluate, and prioritizeresponse actions and activities that can be implemented during a droughtto mitigate the impacts. Response actions are different than mitigation
measures in that they are triggered during specific stages of drought tomanage the limited supply and decrease the severity of immediateimpacts. Response actions can be quickly implemented and provideexpeditious benefits.
5. Operational and Administrative Framework.—An operational and
administrative framework must be developed to identify who isresponsible for undertaking the actions necessary to implement eachelement of the plan, including communicating with the public about thoseactions. At a minimum, the framework should identify roles,responsibilities, and procedures necessary to:
o Conduct drought monitoring
o Initiate response actions, including emergency response actions
o Initiate mitigation actions
o Update the plan
The operational and administrative framework may be integrated into eachelement of the plan, or documented in a specific section of the plan.
6. Plan Update Process.— The plan must describe a process and schedule
for monitoring, evaluating, and updating the plan.
These six required elements of a Drought Contingency Plan are based on the10- Step Drought Planning Process developed by the NDMC, which has beenapplied by States, tribes, and countries around the world.
3Building on this
3 The 10- Step Drought Planning Process was published by NDMC founding director Dr. DonaldA. Wilhite in 1990 and recently updated in 2005 as" Drought Preparedness Planning: BuildingInstitutional Capacity," by Wilhite, Michael J. Hayes, and Cody Knutson, published as a chapterin Drought and Water Crises Science, Technology, and Management Issues, edited by WilhiteCRC Press, 2005).
4
Section I Funding Opportunity Description
approach, Reclamation has added a requirement that Drought Contingency Plansincorporate climate change information as part of conducting a VulnerabilityAssessment ( see element 2, above). Reclamation supports the use of existingclimate change information to meet this requirement, where available, includinginformation from Reclamation' s WaterSMART Basin Studies or West- Wide
Climate Risk Assessments, www.usbr.gov/ WaterSMART/ wcra/, and other non-
Reclamation sources.
I. C. 2 Required Drought Contingency Planning Steps
Once the applicant has been informed that a proposal submitted under this FOA
has been selected for funding, Reclamation will enter into a financial assistanceagreement with the applicant, documenting the requirements and conditionsrelated to the provision of financial assistance. Following finalization of thefinancial assistance agreement, the following Drought Contingency Planningsteps are required before development of the plan can begin:
Establishment of a Drought Planning Task Force.— The non- Federal
entity( s) identified to receive funding through the proposal selectionprocess will be referred to as the planning lead. At the outset of theplanning process, the planning lead will develop a Drought Planning TaskForce ( Task Force) made up of interested stakeholders within the planningarea that want to actively participate in developing the DroughtContingency Plan. The Task Force must have diverse membershiprepresenting multiple interests in the planning area.
Development of a detailed work plan.— The work plan will be
developed by the planning lead in consultation with Reclamation and willdescribe in detail how the various tasks included in developing or updatingthe plan will be accomplished, along with a detailed Project schedule, andthe responsibilities of Reclamation ( Reclamation will provide input on this
element), the planning lead, the Task Force, and other interestedstakeholders. The work plan must be finalized and signed by Reclamationand the planning lead before substantive work on the DroughtContingency Plan begins, and may be updated as conditions warrant.
Development of a communication and outreach plan.— As part of the
detailed work plan, the planning partners must develop a communicationand outreach plan. Explanation of how stakeholders and the public will be
involved in the planning process, including providing input on the draftingof the Drought Contingency Plan and providing feedback to the TaskForce. Participation could occur through public meetings, webinars,
public notices, and other forums or approaches.
Draft drought contingency plans and plan updates developed under this FOA mustbe submitted to Reclamation for review and approval at least 30-days before the
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
end of the period of performance for the financial assistance agreement. The
purpose of Reclamation' s review is to ensure that the plan or plan update meets
program requirements.
Note, in responding to the evaluation criteria, Section V.A — Technical Proposal
Evaluation Criteria, applicants are requested to identify in their proposal aninitial list ofstakeholders that will be involved in support of the planning process;a planfor completing the proposed Project within the two-year time frame; and aplanfor stakeholder involvement. This information will form the starting pointfor the establishment ofa Task Force, development of a detailed work plan, anddevelopment ofa communication and outreach plan if the proposal isfunded.
Reporting requirements are addressed separately in Section III.F— ReportingRequirements of this FOA.
The program requirements described here are intended to increase the
transparency of the planning process, encourage collaboration and participation
by interested stakeholders, and ensure that the Drought Contingency Plan willmeet program requirements upon completion. Collaboration with multiple
stakeholders representing diverse interests in water resources is required forPlanning developed under this program. For further guidance on approaches formeeting the program requirements, please see the Framework, available athttp:// www.usbr.gov/drought/.
I. D Program Authority
This FOA is issued under the authority of Title II of the Reclamation StatesEmergency Drought Relief Act of 1991 ( Public Law [ P. L.] 102- 250, 43 United
States Code [ USC] Section 2201- 2214), as amended.
I. E Other Drought Response Program FundingOpportunities
A separate FOA for Drought Resiliency Projects will be posted on Grants.gov,www.grants.gov/, concurrently with this FOA. The Drought Resiliency ProjectsFOA includes financial assistance provided under the Drought Response Program
on a 50/50 cost- share basis, to conduct projects that will build resiliency todrought by:
Increasing the reliability of water suppliesImproving water managementFacilitating the voluntary sale, transfer, or exchange ofwaterProviding benefits for fish and wildlife and the environment
6
Section II Award Information
Section II: Award Information
II. A Total Project Funding
In FY 2015, $ 5 million has been allocated to the Drought Response Program and
between $ 1 and $ 2 million of that amount will be available for development or
update of Drought Contingency Planning Projects( Project) under this FOA. Thetotal amount of funding for awards under this FOA will depend on the demand forfunding under this and other elements of the Drought Response Program.Applications submitted under this FOA may also be considered if other fundingbecomes available in FY 2015 or thereafter. Please refer to
www. usbr.gov/ drought/ for updated funding information.
II. B Funding Limitations
The Federal share( Reclamation' s share in addition to any other sources of Federalfunding) for any Project shall not exceed 50 percent of the total costs. Amaximum of$200,000 in Federal funding may be allocated to proposals awardedfunding under this FOA. Generally, the non- Federal share of costs must beexpended at the same or greater rate as the Federal share ofcosts.
II. 0 Reclamation Responsibilities
Awards of funding for Drought Contingency Planning will be made throughcooperative financial assistance agreements. Substantial involvement byReclamation will include review and input on the detailed work plan and the draft
drought plan or plan update. It may also include:
Collaboration and participation with the recipient in the management of
the drought contingency planning process and close oversight of therecipient' s activities to ensure that the program objectives are beingachieved.
Oversight may include review, input, and approval at key interim stagesof the project.
At the request of the recipient, Reclamation can provide additional technical
assistance to develop elements of a Drought Contingency Plan. If you receiveadditional Reclamation assistance, you must account for such costs in your
budget. In most cases, the Federal cost- share will be used to cover the cost of
Reclamation technical assistance in the development of the plan. At the request
of an applicant, some of the non- Federal cost- share may also be used to cover thecost of Reclamation technical assistance. To discuss technical assistance
Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
available to applicants and the associated costs, contact your local Reclamation
office, www.usbr.gov/ main/ regions.html.
I I. D Award Date
Reclamation expects to contact potential award recipients and unsuccessful
applicants in July 2015. Within approximately one month of that date,cooperative financial assistance agreements will be awarded to applicants who
successfully pass all pre-award reviews and clearances.
8
Section III Eligibility Information
Section III: Eligibility Information
III. A Eligible Applicants
Applicants eligible to apply for funding under this FOA include: States, tribes,irrigation districts, water districts, or other organizations with water or power
delivery authority located within the Reclamation States and Hawaii, as follows:Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New
Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Wyoming,Utah, and Washington; and Hawaii.
III. B Eligible Projects
Proposals for the development of a new Drought Contingency Plan ( Task A), or anupdate to an existing plan( Task B), are eligible for funding under this FOA.Drought Contingency Plans must address each of the six elements described abovein Section I.C. I — Requirements for Developing or Updating Drought ContingencyPlans. Updates to an existing plan may focus on only those elements that have notyet been developed in the existing plan, or that require further development orupdating. Applicants awarded funding under this must also meet the required stepsfor conducting a plan or plan update, also described in Section I. C. 2— Required
Drought Contingency Planning Steps. Further explanation and guidance to supportthe development of each plan element is provided in the Framework, available at
http:// www.usbr.gov/drought/. Proposals for development of one or more
elements of a drought contingency plan that would not result in a completed planwithin the timeframe listed in this FOA are not eligible.
III. 0 Ineligible Projects
Proposals for the development of planning studies, other than DroughtContingency Plans, are not eligible for funding under this FOA. This includesproposals for the development of appraisal investigations, feasibility studies,special studies, Basin Studies, or studies authorized under the Title XVI Water
Recycling and Reuse Program, through P. L. 102- 575, as amended ( 43 USC 390het seq.), or under the Rural Water Program, pursuant to the Rural Water SupplyAct of2006, P. L. 109- 451 ( http:// www.usbr.gov/ ruralwater/).
III. D Length of Planning ProcessThe development of a Drought Contingency Plan funded under this FOA must becompleted within two years of award. Completed Drought Contingency Plans aredefined as plans which are found to have met minimum requirements described in
Section I. 0—Requirements for Developing or Updating Drought ContingencyPlans, above, as determined through review by Reclamation.
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
III. E Cost-Sharing Requirement
Applicants must be able to cost- share 50 percent or more of the total costs of the
Drought Contingency Plan( also referred to as Project Costs). Applicants with
sufficient resources may choose to contribute a non- Federal cost- share that isgreater than 50 percent in order to develop more complex plans.
In exceptional circumstances and upon request of the applicant, Reclamation mayreduce or waive the non- Federal cost- share requirement, ifan overwhelmingFederal interest and a significant financial need are identified. The criteria used byReclamation to evaluate requests to reduce or waive the non- Federal cost- share
requirement are set forth below. In general, the total Federal share provided
through a cooperative financial assistance agreement under this FOA is not
anticipated to exceed $ 200,000, even in those cases where a cost- share reduction
or waiver is approved. Applicants requesting a reduction or waiver of the non-Federal cost- share must state their request in their proposal and include the
required information demonstrating support for the existence ofan overwhelmingFederal interest and financial hardship, as indicated in section IV. D– Application
Content of this FOA. The documentation will not count towards the page totallimitations set forth in Section IV.C. 3 – Application Format and Length.
Technical Assistance.— At the request of an applicant, some of the non-
Federal cost- share may also be used to cover the cost of Reclamationtechnical assistance in developing elements of a Drought ContingencyPlan.
III. E. 1 Cost-Share Regulations
All cost- share contributions must meet the applicable administrative and cost
principles criteria established in 2 Code of Federal Regulations( CFR) Part 200,available at www.ecfr.gov.
III. E.2 In- Kind Contributions
In- kind contributions constitute the value of noncash contributions that benefit the
development of a federally assisted project ( e. g. Drought Contingency Plan).These contributions may be in the form of real property, equipment, supplies, andother expendable property, as well as the value ofgoods and services directlybenefiting and specifically identifiable to the study or program. Applicantsshould refer to 2 CFR 200.434 for regulations regarding the valuation of in- kinddonations and contributions, available at www.ecfr.gov.
The cost or value of in-kind contributions that have been or will be relied on to
satisfy a cost- sharing or matching requirement for another Federal financial
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Section III Eligibility Information
assistance agreement, a Federal procurement contract, or any other award ofFederal funds may not be relied on to satisfy the cost- share requirement for aDrought Contingency Planning Grants under the Drought Response Program.
III. E. 3 Pre-Award Costs
Project pre- award costs that have been incurred prior to the date ofaward but after
July 1, 2014, may be submitted for consideration as an allowable portion of therecipient' s cost- share for the Project. In no case will pre-award costs incurred
prior to July 1, 2014, be considered for cost-share purposes.
For example, such costs might include employee compensation costs directlysupporting the proposed Project. Reclamation will review the proposed pre-award costs to determine if they are allowable in accordance with the authorizinglegislation and applicable cost principles. To be considered allowable, any pre-award costs proposed for consideration under the new awards must comply withall applicable requirements under this FOA.
III. E.4 Indirect Costs
Indirect costs that will be incurred under a Drought Contingency Planning Grantthat otherwise will not be recovered, may be included as part of the applicant' sProject budget. Indirect costs are those:
Incurred for a common or joint purpose benefiting more than one costobjective
Not readily assignable to any one cost objective
If the applicant has never received a Federal negotiated indirect cost rate,
proposals may elect to include a de minimis rate of up to 10 percent of modifiedtotal direct costs. Otherwise, if the applicant proposes indirect costs in the budget,
then the applicant must either supply a copy of a current federally negotiatedindirect cost- rate agreement or obtain an agreement within 1 year of award. For
further information on indirect costs and modified total direct costs, refer to 2
CFR Part 200 available at www.ecfr.gov.
III. F Reporting Requirements
Recipients are required to report on the status of the Project on a regular basis.
Failure to comply with reporting requirements may result in the recipient beingremoved from consideration for funding under future funding opportunities.Please see Section VI.E. 2— Program Performance Reports for information on
types and frequency of reports required.
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
III. G Other Requirements
III. G. 1 Laws, Permits, and Approvals
Applicants shall adhere to Federal, State, tribal, territorial, and local laws,
regulations, and codes, as applicable, and shall obtain all required approvals and
permits. Applicants also shall coordinate and obtain approvals from site owners
and operators.
III. G. 2 System for Award Management (SAM) and
Automated Standard Application for Payments
ASAP) Registration
All applicants must be registered in the SAM) prior to award under this FOA.
Instructions for registering for SAM are located at www.sam. gov/portal/ public/SAM. All applicants must maintain an active SAM registration with current
information at all times while they have an active Federal award or an applicationunder consideration.
All applicants must also be registered with and willing to process all paymentsthrough the Department ofTreasury ASAP system. All recipients with activefinancial assistance agreements with Reclamation must be enrolled in ASAP
under the appropriate Agency Location Code( s) and the Data Universal NumberSystem ( DUNS) Number prior to the award of funds. If a recipient has multiple
DUNS numbers they must separately enroll within ASAP for each unique DUNSNumber and/or Agency. All of the information on the enrollment process forrecipients, including the enrollment initiation form and the enrollment mailbox,can be found at www.usbr.gov/ mso/ aamd/asap. html. Note that if your entity iscurrently enrolled in the ASAP system with an agency other than Reclamation,you must enroll specifically with Reclamation in order to process payments.
12
Section IV Application and Submission Information
Section IV: Application and Submission
Information
IV.A Address to Request Application Package
This document contains all information, forms, and electronic addresses required
to obtain the information required for submission of an application.
If you are unable to access this information electronically, you can request papercopies of any of the documents referenced in this FOA by contacting:
Proposals received after the application deadline will not be considered unless it
can be determined that the delay was caused by Federal Government mishandlingor by the Grants.gov application system.
Please note that any application submitted to Reclamation for DroughtContingency Planning Grants funding may be subjected to a Freedom ofInformation Act request ( 5 USC Section 552, as amended by P. L. No. 110- 175),
and as a result, may be made publicly available. In addition, Reclamation will postall successful applications on the Reclamation website, www.usbrgov/drought/
after redactions as determined by Reclamation to be necessary.
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
IV. B.2 Application Delivery Instructions
Applications may be submitted electronically through http://www. grants. gov orhard copies may be submitted as follows. Under no circumstances willapplications received through any other method( such as email or fax) beconsidered eligible for award.
By mail: Bureau of Reclamation
Acquisition Operations Branch
Attn: Ms. Irene M. HoibyMail Code: 84- 27852
P. O. Box 25007
Denver, CO 80225
By express delivery/ Bureau of Reclamation
mail services: Attn: Ms. Irene M. HoibyMail Code: 84- 27852
Denver Federal Center, Bldg. 67, Rm. 1526th Avenue and Kipling StreetDenver, CO 80225
By telephone: 303- 445- 2025
IV.0 Instructions for Submission of an Application
Each applicant shall submit an application in accordance with the instructionscontained in this section.
IV.C. 1 Applications Submitted by Mail or ExpressDelivery
Please follow these instructions to submit your application by mail or expressdelivery.
Applicants shall submit an original and one copy of all applicationdocuments for hardcopy submissions. Each document should be clearlyidentified as the" ORIGINAL" or as a" COPY."
Only binder clip documents submitted.
Hard copy applications may be submitted by mail or express methods tothe addresses listed in Section IV.0— Instructions for Submission of anApplication, above.
14
Section IV Application and Submission Information
Materials arriving separately will not be included in the applicationpackage and may result in the application being rejected or not funded.This does not apply to letters of support, funding commitment letters, orofficial resolutions.
Faxed and emailed copies of application documents will not be accepted.
Do not include a cover letter or company literature/brochure with theapplication. All pertinent information must be included in the application
package.
IV.C. 2 Applications Submitted Electronically
If the applicant chooses to submit an electronic application, it must be submitted
through Grants.gov at www.grants. gov. Reclamation encourages applicants to
submit their applications for funding electronically through www.grants.gov/applicants/applyyfor_grants.jsp. Applicant resource documents and a full set ofinstructions for registering with Grants.gov and completing and submittingapplications online are available at www.grants.gov/web/ grants/applicants. html.
Please note that submission of an application electronically requiresprior registration through Grants.gov, which may take 7 to 21 days.Please see registration instructions at www.grants.gov/applicants/
get registered.jsp.
Applicants sometimes have experienced significant delays when
attempting to submit applications through Grants.gov. If you plan tosubmit your application through Grants.gov, you are encouraged to
submit your application several days prior to the application deadline.
If you are a properly registered Grants.gov applicant and encounterproblems with the Grants.gov application submission process, you
must contact the Grants.gov Help Desk to obtain a case number. Thiscase number will provide evidence of your attempt to submit an
application prior to the submission deadline.
Regardless of the delivery method used,you must ensure that yourproposalarrives by the date and time deadline stated in Section IV.B., above. Lateapplications will not be accepted unless it is determined that the delay wascaused by Federal Government mishandling or by a problem with theGrants.gov application system.
IV.C. 3 Application Format and Length
The total application package shall be no more than 50 pages and shall be singlespaced. If an application exceeds 50 pages, only the first 50 pages will be
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
evaluated. The font shall be at least 12 points in size and easily readable. Pagesize shall be 8'/ z by 11 inches, including charts, maps, and drawings. Oversizedpages will not be accepted. The technical proposal section shall be limited to a
maximum of20 pages. The SF- 424 forms and drought contingency plans( if theproposal is to update an existing drought contingency plan) included asattachments will not be considered in the total page count.
Applications will be prescreened for compliance to the page number limitations.
IV. D Application Content
The application must include the following elements in order to be consideredcomplete:
Mandatory Federal Forms
o Application for Federal Assistance, form SF- 424
o Assurances—Non- Construction Programs, form SF- 424B
Title page
Table of contents
Technical proposal and evaluation criteria( limited to 20 pages)
o Executive summary
o Background data
o Technical project description
o Evaluation criteria
Existing drought contingency plan( if applicable)— attach as an appendix
this will not count against the 50 page total limit)
Required permits or approvals
Letters of project support
Official resolution
Project budget
o Funding plan and letters of commitment
o Budget proposal
o Budget narrative
16
Section IV Application and Submission Information
Budget information— Non-Construction Programs, form SF- 424A
Request for cost- share reduction or waiver and supporting documentationif applicable)( this also will not count against the page limit)
SF- 424, SF-424A, and SF- 424B forms may be obtained at http:// apply07. grants.gov/apply/ FormLinks?familv= 15.
IV. D. 1 Mandatory Federal Forms
SF-424 Application for Federal Assistance
This fully completed application for Federal assistance form must be signed by aperson legally authorized to commit the applicant to performance of the Project.Failure to submit a properly signed SF-424 form may result in theelimination of the application from further consideration.
SF-424 Assurances
A SF- 424B— Assurances—Nonconstruction Programs, signed by a person legallyauthorized to commit the applicant to performance of the Project shall be
included. Failure to submit a properly signed SF-424B form may result in theelimination of the application from further consideration.
IV. D. 2 Title Page
Provide a brief, informative, and descriptive title for the proposed Project that
indicates the nature of the proposed drought contingency plan or plan update.Include the name and address of the applicant, and the name and address, e- mail
address, telephone, and fax numbers of the Project manager.
IV. D. 3 Table of Contents
List all major sections of the technical proposal in the table of contents.
IV. D.4 Technical Proposal and Evaluation Criteria
The technical proposal (20 pages maximum) includes: ( 1) the Executive
Summary; ( 2) Background Data; ( 3) Technical Description of the Drought
Contingency Plan; and( 4) Evaluation Criteria.
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
Executive Summary
The executive summary should include:
The date, applicant name, city, county, and state.
A one paragraph summary of the proposal.
State the length of time and estimated completion date for the proposed
Drought Contingency Plan.
Indicate whether or not a Reclamation project, facility, or activity islocated within the geographic area to be addressed in the proposed
Drought Contingency Plan.
Background Data
Provide a map of the planning area showing the geographic location( include theState, county, and direction from nearest town).
Provide a general description of the area to be addressed in the Drought
Contingency Plan, including a description of the source( s) of water supply, thewater rights involved, the current water uses ( i. e., agricultural, municipal,
domestic, or industrial), the number of water users served, and the current and
projected water demand, if available. Ifwater is primarily used for irrigation,describe major crops and total acres served.
Identify any past working relationships with Reclamation. This should includethe date( s), description of prior relationships with Reclamation, and a description
of the project( s), facility(s), or activity( s).
Technical Project Description
The technical description should describe the work in detail including the specificactivities to be accomplished as part of this Project. This description shall have
sufficient detail to permit a comprehensive evaluation of the proposal. The
technical description should clearly indicate if the proposal is for Task ADevelop Drought Contingency Plan) or Task B ( Update Drought Contingency
Plan). Proposals should address the requirements for conducting a droughtcontingency plan or plan update under the Drought Response Program, identifiedin Section I. 0—Requirements for Developing or Updating Drought ContingencyPlans of this FOA. When the applicant is writing the technical proposal, theyneed to address each of the criteria in the order presented to assist in the completeand accurate evaluation of the proposal.
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Section IV Application and Submission Information
Evaluation Criteria
See Section V—Application Review Information for additional details,
including a detailed description of each criterion and subcriterion and pointsassociated with each.)
The evaluation criteria portion of your application should thoroughlyaddress each criterion and subcriterion in the order presented to assist in the
complete and accurate evaluation of your proposal. It is suggested that
applicants copy and paste the evaluation criteria and sub-criteria immediatelybelow into their applications to ensure that all necessary information isadequately addressed.
IV. D. 5 Existing Drought Contingency Plan ( if applicable)
If there is an existing drought contingency plan addressing the relevantgeographic area, please attach a copy( or relevant sections) of the existing plan.Note, this will not count against the application page limit).
IV. D.6 Required Permits or Approvals
Applicants must state in the application whether any permits or approvals arerequired for developing the Drought Contingency Plan and describe the approachfor obtaining such permits or approvals.
IV.D.7 Letters of Support
To demonstrate that the planning process will include a diverse range ofstakeholders, please include letters from interested stakeholders supporting thedevelopment of a new drought contingency plan or plan update.
Letters of support will not be counted towards the 20 page limit within the
Technical Proposal; however, they will be counted towards the 50 page proposallimit. To ensure your proposal is accurately reviewed, please attach all letters ofsupport/ partnership letters as an appendix.
IV.D. 8 Official Resolution
Include an official resolution adopted by the applicant' s board of directors orgoverning body, or for State government entities, an official authorized to committhe applicant to the financial and legal obligations associated with receipt of
Federal financial assistance, verifying:
The identity of the official with legal authority to enter into an agreement
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
The board of directors, governing body, or appropriate official who hasreviewed and supports the application submitted
The capability of the applicant to provide the amount of funding and/orin- kind contributions specified in the funding plan
The applicant will work with Reclamation to meet established deadlines
for entering into a cooperative financial assistance agreement
An official resolution that meets the requirements set forth above is
mandatory. If you are unable to submit the official resolution by the applicationdeadline because of the timing of board meetings or other justifiable reasons, theofficial resolution may be submitted up to 30 days after the application deadline.
IV.D. 9 Project Budget
The project budget includes:
Funding plan and letters of commitmentBudget proposal
Budget narrative
Budget form
Funding Plan and Letters of Commitment
Describe how the non- Reclamation share of Project costs will be obtained.
Reclamation will use this information in making a determination of financialcapability.
Project funding provided by a source other than the applicant shall be supportedwith letters of commitment from these additional sources. This is a mandatoryrequirement. Letters of commitment shall identify the following elements:
The amount of funding commitmentThe date the funds will be available to the applicant
Any time constraints on the availability of fundsAny other contingencies associated with the funding commitment
Cost- share funding from sources outside the applicant' s organization (e. g., loansor State grants) should be secured and available to the applicant prior to award.
Commitment letters should be included with the Project application. If a final
funding commitment has not been received by the date ofapplication, thecommitment letters should be submitted by no later than 30 days after applicationdeadline.
20
Section IV Application and Submission Information
Reclamation may approve an award prior to an applicant securing non- Federalcost- share funds ifReclamation determines that there is sufficient evidence and
likelihood that the non- Federal funds will be available to the applicant by the startof the Project.
The funding plan must include all Project costs, as follows:
How the applicant will make its contribution to the cost- share requirement, such
as monetary and/ or in-kind contributions and source funds contributed by theapplicant ( e. g., reserve account, tax revenue, and/ or assessments).
Describe any in- kind costs incurred before the anticipated Project startdate that the applicant seeks to include as Project costs. Include:
o What Project expenses have been incurred
o The date ofcost incurrence
o The amount of the expenditure
o How the expenditure benefitted the Project
Provide the identity and amount of funding to be provided by fundingpartners, as well as the required letters of commitment.
Describe any funding requested or received from other Federal partners.Note: Other sources of Federal funding may not be counted towards theapplicant' s 50 percent cost- share unless otherwise allowed by statute.
Describe any pending funding requests that have not yet been approved,and explain how the Project will be affected if such funding is denied.
Please include the following chart( table 1) to summarize the non- Federal andother Federal funding sources. Denote in- kind contributions with an asterisk(*).Please ensure that the total Federal funding( Reclamation and all other Federalsources) does not exceed 50 percent of the total estimated Project costs.
Table 1.— Summary of Non-Federal and Federal Funding Sources
Funding Sources Funding Amount
Non-Federal Entities
1
2
3
Non- Federal Subtotal
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
Funding Sources Funding Amount
Other Federal Entities
1
2
3
Other Federal Subtotal
Requested Reclamation Funding
Total Study Funding
Budget Proposal
General Requirements
Include a Project budget that estimates all Project costs( not just costs to be borne
by Reclamation). Include the value of in-kind contributions of goods and services
and sources of funds provided to complete the Project. The proposal must clearlydelineate between Reclamation and applicant contributions.
Budget Proposal Format
The Project budget shall include detailed information on the categories listed
below and must clearly identify all Project costs. Unit costs shall be provided forall budget items including the cost ofwork to be provided by contractors.Additionally, applicants shall include a narrative description of the items includedin the study budget. It is strongly advised that applicants use the budget proposalformat shown on tables 2 and 3 at the end of this section or a similar format thatprovides this information.
Table 2.— Sample Funding Sources
Funding Sources of Total Study Cost Total Cost by Source
Recipient Funding
Reclamation Funding
Other Federal Funding
Totals 0%
22
Section IV Application and Submission Information
Table 3.— Sample Budget Proposal Format
Budget Item DescriptionComputation Quantity Type
Total CostKnit I Quantity (
hours/days)
Salaries and Wages
Employee 1
Employee 2
Employee 3
Fringe Benefits
Full-Time Employees
Part-Time Employees
Travel
Tnp 1
Tnp 2
Tnp3
Equipment
ItemA
Item B
Item C
MaterialslSupplies
ItemA
Item B
Contractual/Construction
Contractor A
Contractor B
Other
Total Direct Costs
Indirect Costs- %
Total Project Costs
This is only a sample budget proposal format You may use this format or submit the information in a differentformat which provides a detailed break-down of costs and need justification for budgets presented in the SF-424A
Contracts should be broken out into specific line items You may attach a separate, detailed budget for eachcontract to adequately address all contractor budget items
Budget Narrative Format
Submission of a budget narrative is mandatory. An award will not be made toany applicant who fails to fully disclose this information. The budget narrativeprovides a discussion of, or explanation for, items included in the budget
proposal. The types of information to describe in the narrative include, but are
not limited to, those listed in the following subsections.
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
Salaries and Wages
Indicate program manager and other key personnel by name and title. Otherpersonnel may be indicated by title alone. For all positions, indicate salaries andwages, estimated hours or percent of time, and rate of compensation. The labor
rates should identify the direct labor rate separate from the fringe rate or fringecost for each category. All labor estimates, including any proposedsubcontractors, shall be allocated to specific tasks as outlined in the recipient' s
technical study description. Labor rates and proposed hours shall be displayed foreach task.
Clearly identify any proposed salary increases and the effective date.Generally, salaries of administrative and/ or clerical personnel will be included asa portion of the stated indirect costs. If these salaries can be adequatelydocumented as direct costs, they should be included in this section; however, ajustification should be included in the budget narrative.
Fringe Benefits
Indicate rates/ amounts, what costs are included in this category, and the basis ofthe rate computations. Indicate whether these rates are used for application
purposes only or whether they are fixed or provisional rates for billing purposes.Federally approved rate agreements are acceptable for compliance with this item.
Travel
Include the purpose of the trip, destination, number of persons traveling, length ofstay, and all travel costs, including: airfare ( basis for rate used), per diem, lodging,and miscellaneous travel expenses. For local travel, include mileage and rate of
compensation.
Equipment
Itemize costs of all equipment having a value over$ 5, 000 and describe the needfor this equipment, as well as how the equipment was priced if it is beingpurchased for the agreement. If equipment is being rented, specify the number ofhours and the hourly rate. Local rental rates are only accepted for equipmentactually being rented or leased for the study. If equipment currently owned by theapplicant is proposed for use under the proposed study and the cost to use thatequipment is being included in the budget as in- kind cost- share, provide the ratesand hours for each piece of equipment owned and budgeted. These should be
ownership rates developed by the recipient for each piece of equipment. If theserates are not available, the U. S. Army Corps of Engineers' recommendedequipment rates for the region are acceptable. Blue book, FEMA, and other databases should not be used.
24
Section IV Application and Submission Information
Materials and Supplies
Itemize supplies by major category, unit price, quantity, and purpose, such aswhether the items are needed for office use, research, or construction. Identifyhow these costs were estimated ( i. e., quotes, past experience, engineeringestimates, or other methodology).
Contractual
Identify all work that will be accomplished by subrecipients, consultants, orcontractors, including a breakdown ofall tasks to be completed and a detailedbudget estimate of time, rates, supplies, and materials that will be required for
each task. If a subrecipient, consultant, or contractor is proposed and approved at
time of award, no other approvals will be required. Any changes or additions willrequire a request for approval. Identify how the budgeted costs for subrecipients,consultants, or contractors were determined to be fair and reasonable.
Other
Any other expenses not included in the above categories shall be listed in thiscategory, along with a description of the item and the purpose of its use. Noprofit or fee will be allowed.
Indirect Costs
Show the proposed rate, cost base, and proposed amount for allowable indirect
costs based on the applicable Office ofManagement and Budget circular cost
principles( see Section III.E— Cost- Sharing Requirement) for the recipient' sorganization. It is not acceptable to simply incorporate indirect rates within otherdirect cost line items.
If the recipient has separate rates for recovery of labor overhead and general andadministrative costs, each rate shall be shown. The applicant should propose rates
for evaluation purposes, which will be used as fixed or ceiling rates in anyresulting award. Include a copy of any federally approved indirect cost rateagreement. If a federally approved indirect rate agreement is not available,provide supporting documentation for the rate. This can include a recentrecommendation by a qualified certified public accountant along with support forthe rate calculation.
If you do not have a federally approved indirect cost rate agreement, or ifunapproved rates are used, explain why and include the computational basis forthe indirect expense pool and corresponding allocation base for each rate.Information on preparing and submitting indirect cost proposals is available fromthe Interior Business Center, and Indirect Cost Services Section, at www.doi.gov/
ibc/ services/ Indirect Cost Services/ index.cfm.
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
Total Cost
Indicate the total amount of Project costs, including the Federal and non- Federalcost- share amounts.
Budget Form
In addition to the above- described budget information, the applicant must
complete an SF- 424A, Budget Information— Non- construction Programs.
This form is available at http:// applv07.grants.gov/apply/ FormLinks?family= 15.
IV. D. 10 Request for a Cost-Share Reduction or Waiver
As set forth in Section III.E– Cost- Sharing Requirement of this FOA, inexceptional circumstances, Reclamation may reduce or waive the non- Federalcost- share requirement upon request by the applicant, if an overwhelming Federalinterest and a significant financial need are identified. If the funding planidentifies less than 50 percent non- Federal cost- share match, please include the
request for a cost- share reduction or waiver in the proposal. The request must
include information and documentation addressing the factors set forthimmediately below.
Reclamation will use the following factors when considering whether to reduce orwaive the non- Federal cost- share requirement. Please address each of the
following criteria, providing an explanation for the applicability of each criterionand supporting documentation:
Overwhelming Federal Interest. Reclamation will make a determinationof whether an overwhelming Federal interest exists based on factors suchas the programs and policies of the President and the Secretary of theDepartment of the Interior.
Financial Hardship. In determining whether a significant financial needexists the following factors will be considered:
o The population- weighted median household income within the studyarea and the state based on the latest available data from the U. S.
Census Bureau' s American Community Survey;
o Family poverty level for the state as estimated by guidelines publishedannually by the Department of Health and Human Services;
o The population- weighted average unemployment rate within the studyarea based on the latest available data from the U. S. Census Bureau' s
American Community Survey; and
26
Section IV Application and Submission Information
o A current financial statement of the applicant and a statement that the
applicant does not possess sufficient funds or assets to pay for all orpart of the required cost- share.
IV.E. Funding Restrictions
See Section III.E.3— Pre- Award Costs for restrictions on incurrence and
allowability of pre-award costs.
27
Section V Application Review Information
Section V: Application Review Information
V.A Technical Proposal — Evaluation Criteria
The evaluation criteria portion ofthe application should thoroughly address eachcriterion and sub- criterion in the order presented below in this FOA to assist in the
complete and accurate evaluation of the proposal. Applications will be
evaluated against the evaluation criteria ( listed below), which comprise a
total of 100 points. Please note that proposals may be prioritized to ensurebalance among the program Task Areas and to ensure that the proposals fundedaddress the goals of the Drought Response Program.
The following criteria will be used by the Application Review Committee to rankproposals to develop a drought contingency plan or plan update, submitted underthis Drought Contingency Planning FOA. It is suggested that applicants copyand paste the evaluation criteria and sub-criteria immediately below into theirapplications to ensure that all necessary information is adequately addressed.
V.A. 1 Evaluation Criterion A — Need for a Drought
Contingency Plan or Plan Update (40 points)
Up to 40 points may be awarded based on the extent to which the proposaldemonstrates a compelling need to develop or update a drought contingency plan.Proposals that address more urgent needs and more severe drought risks will
receive higher priority consideration on this criterion than proposals to addressless significant needs and risks.
Describe existing or potential drought conditions to be addressed in theDrought Contingency Plan.
Will the proposed plan or plan update address a geographic area that is
currently suffering from drought or which has recently suffered fromdrought? Please describe existing or recent drought conditions, includingwhen and the period of time that the area has experienced drought
conditions ( please provide supporting documentation, [ e. g., DroughtMonitor, http:// droughtmonitor.unl. edu/]).
Describe any projected increases to the frequency, severity, or duration ofdrought in the geographic area resulting from climate change. Pleaseprovide support for this response ( e. g., reference a recent climate change
analysis, ifavailable).
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
Describe the severity of the risks to water supplies that will be addressed inthe Drought Contingency Plan.
What are the risks to water supplies within the applicable geographic area
that will be addressed in the plan or plan update, and how severe are those
risks? Describe the existing or potential drought risks to specific sectorsin the project area( e. g., impacts to agriculture, environment, hydropower,recreation and tourism, forestry). For example, risks could include but are
not limited to:
o Whether there are public health concerns or social concerns associated
with existing or potential drought conditions. For example, are therewater quality concerns including past or potential violations ofdrinking water standards, increased risks ofwildfire, or past orpotential shortages of drinking water supplies? Does the communityhave another water source available to them in the case that their water
service is interrupted?
o Whether there are environmental concerns, such as existing orpotential impacts to endangered, threatened or candidate species.
o Whether there are ongoing or potential, local, economic lossesassociated with drought conditions( e. g., business, agriculture, reducedreal estate values)
o Whether there are other drought- related risks not identified above,
including tensions over water that could result in a water-related crisisor conflict, or risks to tribes, for example.
Describe the status of any existing Drought Contingency Plan.
Please explain generally why the applicant is seeking to conduct a droughtcontingency plan or plan update.
If a drought contingency plan already exists for the relevant geographicarea, please explain why a new plan or plan update is needed. Forexample, is the existing plan outdated or is there a need to make the planmore comprehensive or inclusive of various sectors or interests( i. e.,
municipal, agricultural, industrial, or environmental)? Is there a need to
incorporate consideration of climate change in the existing plan? If a
drought contingency plan exists, please attach a copy of the applicableplan, or sections of the plan as an appendix to the application (this will not
count against the page limit).
If no applicable drought plan exists, please explain why no droughtcontingency plan has been developed to date.
30
Section V Application Review Information
V.A.2 Evaluation Criterion B - Diversity of Stakeholders35 points)
Up to 35 points may be awarded based on the extent to which the proposaldemonstrates that the planning process will incorporate input and participation bya diverse range of stakeholders. Note, " stakeholders" may include a mix ofbothinternal and external stakeholders( e. g. stakeholders internal and external to atribe, city or district).
Describe the diversity of stakeholders to be involved in the planning process.Please address the following:
Identify stakeholders in the planning area who have committed to beinvolved in the planning process and describe their commitment. Do thesestakeholders represent diverse interests ( e. g., agricultural, municipal,environmental, tribal)? Support could include letters from stakeholders
committing to be involved in the planning process.
Describe stakeholders in the planning area who have expressed theirsupport for the planning process, whether or not they have committed toparticipate. Support can include letters of support from stakeholders
expressing support for the planning process.
If specific stakeholders have not yet been identified, or if some sectors are
not yet represented, describe what efforts that you will undertake to ensure
participation by a diverse array of stakeholders in the development of aplan or plan update. Support could include a description of keystakeholder interests in the planning area and what efforts that you willundertake engage them in the planning process, including outreach tostakeholders or collaborating with other groups or partners
V.A.3 Evaluation Criterion C - Project Implementation
20 points)
Up to 20 points may be awarded based on the extent to which the proposalsupports the applicant' s ability to meet the program requirements within the two-
year timeframe, based on the following:
Describe the approach for addressing the six required elements of a DroughtContingency Plan within the two year timeframe. Note, new plans mustaddress all six required elements( described in Section I.0—Requirements for
Developing or Updating Drought Contingency Plans of this FOA), whereas plan
updates may address only those elements not( sufficiently) addressed in anexisting plan. Please address the following:
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
Describe how each of the six required elements of a Drought ContingencyPlan, as applicable, will be addressed within the two year timeframe. If
the proposal is for a plan update, please explain whether all or only someelements of the existing plan will be updated, and why. Please include anestimated project schedule that shows the stages and duration of the
proposed work, including major tasks, milestones, and dates. Describe theavailability and quality of existing data and models4 applicable to theproposed plan or plan update.
Identify staff with appropriate technical expertise and describe theirqualifications. Describe any plans to request additional technicalassistance from Reclamation, or by contract.
V.A.4 Evaluation Criterion D — Nexus to the Bureau of
Reclamation (5 points)
Up to 5 points may be awarded based on the extent that the proposaldemonstrates a nexus between the development of Drought Contingency Plan anda Reclamation project or activity. Please provide the following informationregarding the connection to a Reclamation project, facility, or activity:
Is there a Reclamation project, facility, or activity within the planningarea?
Is the planning area in the same basin as a Reclamation project, facility, oractivity?
Will the proposed plan or plan update benefit a basin where a Reclamation
project, facility, or activity is located?
V.B Review and Selection Process
The Government reserves the right to reject any and all applications which donot meet the requirements of this FOA or which are outside the scope of Drought
Response Program. Awards will be made for Projects most advantageous to the
Government. Award selection may be made to maintain balance among theprogram tasks listed in Section III.B— Eligible Projects. The evaluation process
will be comprised of the steps described in the following subsections.For additional information on the review and selection process, please see
www.usbr.gov/drought/
4 Data and models include but are not limited to: hydrologic models, operational models, climate
data, water demand data or projections, water quality data, recreational water needs,environmental water needs, demographics, and economic data and models.
32
Section V Application Review Information
V.B. 1 Initial Screening
All applications will be screened to ensure that:
The application meets the requirements of the FOA package, includingsubmission of technical and budget proposals, a funding plan, letter( s) ofcommitment, and related forms.
The application contains a properly executed SF- 424 Application forFederal Assistance, a form SF- 424A, Budget Information—Non-
construction Programs, and a form SF-424B, Assurances— Non-
construction Programs.
The applicant meets the eligibility requirements stated in this document.
The application includes an official resolution, adopted by the applicant' sboard ofdirectors, governing body, or appropriate authorized official.
At least 50 percent of the cost of the Project will be paid for with
non- Federal funding. Cost- share funding from sources outside theapplicant' s organization, e. g., loans or state grants, should be secured andavailable to the applicant prior to award. Reclamation will execute a
financial assistance agreement and make funds available for a Drought
Contingency Planning Grant once the recipient secures non- Federalfunding or Reclamation determines that there is sufficient evidence andlikelihood that non- Federal funds will be available to the applicant
subsequent to executing the agreement.
As set forth in section IV.0– Instructions for Submission of an
Application of this FOA, in exceptional circumstances, Reclamation mayreduce or waive the non- Federal cost- share requirement upon request bythe applicant, if an overwhelming Federal interest and a significantfinancial need are identified. If the funding plan identifies less than50percent non- Federal cost- share match, please include the State your
request for a cost- share reduction or waiver in the proposal. The request
must include information and documentation addressing the factors setforth immediately below
The application meets the description of eligible projects in Section III.B–
Eligible Projects, ( Tasks A and B) and is within the scope ofDrought
Contingency Planning Grants FOA.
The proposed Project can be completed by September 30, 2017.
Reclamation reserves the right to remove an application from fundingconsideration if it does not pass all Initial Screening criteria listed above. Anapplicant that has submitted an application that is determined to be ineligible for
funding will be notified along with other applicants, or sooner if possible
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
V.B. 2. Application Review Committee (ARC) Review
Evaluation criteria will comprise 100 points of the total evaluation weight as
stated in Section V.A—Applications will be scored against the evaluation criteria
by an ARC, made up of experts in relevant disciplines selected from acrossReclamation.
During ARC review, Reclamation may contact applicants to request clarificationsto the information provided, if necessary.
V.B. 3 Red Flag Review
Following the results of the ARC review, Reclamation will review the top-rankingapplications and will identify any reasons why a proposed Project would not befeasible or otherwise advisable, including environmental or cultural resourcescompliance issues, permitting issues, legal issues, or financial position. Positiveor negative past performance by the applicant and any partners in previousworking relationships with Reclamation may be considered, including whether theapplicant is making significant progress toward the completion ofoutstandingfinancial assistance agreements and whether the applicant is in compliance with
all reporting requirements associated with previously funded Projects.
In addition, during this review Reclamation will address any specific concerns orquestions raised by members of the ARC, conduct a preliminary budget review,and evaluate the applicant' s ability to meet cost- share as required.
V.B. 3. Managerial Review
Reclamation management will prioritize Projects to ensure the total amount ofall
awards does not exceed available funding levels. Management will also ensurethat all Projects meet the scope, priorities, and requirements of the Drought
Response Program. Management may also prioritize projects to ensure thatmultiple project types( task areas) are represented.
V.C. Pre-Award Clearances and Approvals
After completion of the Managerial Review, Reclamation will notify applicantswhose proposals have been selected for award consideration and will forwardtheir applications to the appropriate Reclamation region or area office forcompletion of environmental compliance.
Reclamation will also complete a business evaluation and determination of
responsibility. During these evaluations, the Grants Officer( GO) also willconsider several factors that are important, but not quantified, such as:
34
Section V Application Review Information
Pre- award clearances, determinations, reviews, and approvals
Allowability and allocability of proposed costs
Financial strength and stability of the organization
Past performance, including satisfactory compliance with all terms andconditions of previous awards, such as environmental compliance issues,
reporting requirements, proper procurement of supplies and services, andaudit compliance
Adequacy of personnel practices, procurement procedures, and accountingpolicies and procedures— as established by 2 CFR Part 200
If the results of all pre- award reviews and clearances are satisfactory, an award offunding will be made once the financial assistance cooperative agreement isfinalized ( approximately one to two months from date of initial selection). If the
results of pre-award reviews and clearances are unsatisfactory, consideration of
funding for the proposed Project may be withdrawn.
35
Section VI Award Administration Information
Section VI: Award Administration
Information
VI.A. Award Notices
Successful applicants will receive, by electronic or regular mail, a notice ofaward.
VI. B. Award Document
If the applicant is awarded a financial assistance agreement as a result of this
FOA, the proposed Drought Contingency Plan and other relevant informationfrom the application will be referenced in the agreement. The agreement
document must be signed by a Reclamation GO before it becomes effective.
VI. C. Releasing Applications
Following awards of funding, Reclamation will post all successful applications onthe Reclamation website after conducting any redactions determined necessary byReclamation, in consultation with the Recipient.
VI. D. Reporting Requirements and Distribution
If the applicant is awarded an agreement as a result of this FOA, the applicant will
be required to submit the following types of reports during the term of theagreement.
VI. D. 1. Financial Reports
Form SF- 425 —Federal Financial Report must be submitted on at least a
semiannual basis and with the final performance report.
VI. D.2. Program Performance Reports
The specific terms and conditions pertaining to the reporting requirements will beincluded in the financial assistance agreement.
Interim reports submitted on at least a semi- annual basis, must include:
o A comparison of actual accomplishments to the milestones established
by the financial assistance agreement for the period
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Funding Opportunity Announcement No R15AS00047WaterSMART Drought Contingency Planning Grants for Fiscal Year 2015
o The reasons why established milestones were not met, if applicable
o The status of milestones from the previous reporting period that werenot met, if applicable
o Whether the project is on schedule and within the original cost
estimate
o Any additional pertinent information or issues related to the status ofthe project
Final report, including, but not limited to, the following informationplease note that final reports are public documents and will be made
available on Reclamation' s website, www.usbr.gov/droughtf):
o Whether the project objectives and goals were met
o Discussion of the benefits achieved by the Drought Contingency Plan,including how the plan improves long- term resiliency to drought
o How the plan demonstrates collaboration
38
Section VII Agency Contacts
Section VII: Agency ContactsThere will be no pre-application conference. Organizations or individuals
interested in submitting applications in response to this FOA may directquestions to Reclamation in writing. Questions may be submitted to theattention of Ms. Irene M. Hoiby, GO, as follows:
Re: Renewal for Bid 13- 015, Printed Forms for CSCD
Commissioners Court,
We currently have a contract with Firmin Business Forms for Printed Forms for CSCD. The initialterm for this contract was from August 1, 2013 through July 31, 2014. The bid included an option torenew annually if prices remain the same or there is no more than a 3% increase, at the discretion of
Commissioners Court.
We consulted with CSCD and they stated they would like to renew this bid. We then contactedTrigger Firmin and received an email from him stating he is willing to extend the current contract foranother year with a 3% increase in prices. This increase would bring the bid price from $2, 705. 81 to
2, 786.98 which is approximately 20% less than the next lowest bid received in the original bid.
We bring before the court the option to renew this contract for another year with a 3% increase in
prices. If the Court approves the renewal, the contract term will extend from August 1, 2015 through
July 31, 2016.
Thank You,
Ken Bass BY COMMISSIONERS COURTAPPROVED
oar alioz.-201a
Bid 13- 015
Printed Forms for McLennan County CSCD
2013- 2014 2014 - 2015 2015 - 2016
Description Quantity Original Bid Price Price Price
JA."ANDY HARWELL, County ClickMclennan County, Texas
By: KELLY FULLBRIGH'[ DEPUTY
AGENDA: JUNE 16, 2015
III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
L. CONSENT AGENDA ITEMS:
1. Reading/Approval ofPrevious Meeting Minutes; Acceptance of Amendments/ Approved
Supplements/ Corrections; Recording into the Court Minutes of PreviouslyApproved Documents, Items Not Requiring Court Action, HB 914 ConflictDisclosure Statements, as applicable
2. Financial Obligations ofMcLennan County:
a. Authorization for County Treasurer to Pay County Checks/ Wire/ Approved
Electronic Transfers Issued Since Last Authorization
b. County Treasurer: Interest/ Investment Reports/ Authorizations/ Approved
Recording of McLennan County Investment Policy/ AcknowledgmentForms/ Pooled Cash Account Balance Reports
3. Human Resources/ Salary Matters: Benefits/ Status Forms/ Revisions to None
Salary Schedules; Authorizations Regarding Human Resources Issues/ Revisionsto Human Resources Policies; Compensation/ Classification Issues/ Personnel
Lincoln Park Addition, City of Waco, McLennan County, Texas
2) MCAD# 280290000081006: Lots 35 & 36 A , Block 4, Lincoln Park Approved
Addition, City of Waco, McLennan County, Texas
3) MCAD# 280290000074000: Lots 23, 24 & 25, Block 4, Lincoln Park Approved
Addition, City of Waco, McLennan County, Texas
CD-337, 10: 05
ORDER APPROVING CONSENT AGENDA ITEMS
On this 16 day of June, 2015, came on for consideration the matter of reviewing and approving the
Consent Agenda Items. Judge Felton stated that we need to pull items L. 6. a., L. 6. c., L. 6. d., L. 6. e., L.
6. f. and L. 7. c. Commissioner Perry made a motion to approve ( the consent agenda items with the
exception of those pulled L. 6. a., L. 6. c., L. 6. d., L. 6. e., L. 6. f. and L. 7. c.) and it was seconded by
Commissioner Snell. A vote being called for, voting in favor of said motion was Judge Felton,
Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court that said
Consent Agenda Items be, and the same are hereby, approved by unanimous vote.
Recording of Texas Department of Transportation Highway-Railroad Grade CrossingConsolidation and Closure Agreement for Federal Aid Projects re: Alteration on Mangrum
Road in Precinct 3 approved by Order on December 2, 2014 and recorded on Page 124 of theseminutes.
RECEIVED
JUN 1 0 2015
NicLENNAN CO.
JUDGE
ACCEPTED BY
aaM; . l2
0(1-
W,A JCS'
CM OF
6
Texas Department of Transportation
125 EAST 11TH STREET I AUSTIN, TEXAS 78701-2483 I ( 512) 463-8588 1 WWW.TXDOT. GOV
May 15, 2015
McLennan County— DOT No. 416081 ECSJ 0909-22- 172
Project STP 2015(552)FRSMangrum Lane south of West
Mr. Will Jones
McLennan County Commissioner, pct. 3215 N. 5th Street, Suite 125Waco, Texas 76701
Dear Mr. Jones:
Attached is the fully executed City original counterpart of the Highway-Railroad Grade CrossingConsolidation and Closure Agreement for the above referenced project. In accordance with thisagreement, the State will reimburse the City for the actual cost of work performed to improve citystreets as detailed in the agreement up to$ 110,586.00, in exchange for closing of Mangrum Lane,grade crossing.
Your cooperation in this matter is appreciated. If you have any questions, please contact me at( 512)416-2635.
cc: Andrew Hudanish, Union Pacific Railroad Company - fully executed Railroad originalcounterpart of the Highway-Railroad Grade Crossing Consolidation and Closure Agreementfor the above referenced project
ec: Carolyn Cook, Federal Railroad Administration
Ervin Middlebrook, Waco District Office- fully executed copy of the Highway-Railroad GradeCrossing Consolidation and Closure Agreement for the above referenced project
OUR GOALSMAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE
AGENCY
An Equal Opportunity Employer
CFCA# 20.205 McLennan CountyFederal Highway Administration (FHWA) CSJ 0909-22- 172Not Research and Development Project STP 2015(552) FRS
Railroad Crossing ConsolidationAt Mangrum Road south of West, Texas
UPRR Folder No. 292753 DOT No. 416081E
STATE OF TEXAS
COUNTY OF TRAVIS §
TEXAS DEPARTMENT OF TRANSPORTATION
HIGHWAY-RAILROAD GRADE CROSSING CONSOLIDATION AND CLOSUREAG REEMENT
FOR FEDERAL AID PROJECTS
THIS AGREEMENT, made and entered into on the date hereinafter shown as being fullyexecuted, by and between the State of Texas, acting by and through the Texas Department ofTransportation, hereinafter called the " State," McLennan County, hereinafter called the " LocalGovernment," and the Union Pacific Railroad Company, hereinafter called the "Railroad."
WITNESSETH
WHEREAS, pursuant to the Highway Safety Act of 1973, the State is charged with the
responsibility of prioritizing grade crossing safety improvements for public highway- railroadgrade crossings in the State of Texas using federal funds, and
WHEREAS, Chapter 471 of the Texas Transportation Code invests the State with certain
powers and duties relating to highway-railroad grade crossings and other matters relating torailroads and their operations, and
WHEREAS, in the interest of public safety, the State, the Local Government, and the Railroadpropose to consolidate and close existing redundant, non- essential highway-railroad gradecrossings, and make other operational or safety improvements to facilitate the elimination ofsafety hazards at highway- railroad grade crossings at selected locations as identified on theattached Exhibit A, attached hereto and made a part hereof, and
WHEREAS, the Local Government has adopted a Railroad Grade Crossing ConsolidationResolution, identified as Exhibit B, attached hereto and made a part hereof, mandating theclosure of the crossing and removal of crossing surfaces and approaches, and
WHEREAS, the State and the Railroad shall make funding available to the Local Governmentfor closing the aforementioned crossing, provided the Local Government uses the funds tomake improvements as identified on the attached State' s " Summary of Project" identified asExhibit C, attached hereto and made a part hereof and the Local Government's Cost Estimate
identified as Exhibit D, attached hereto and made a part hereof, and
Crossing Closure Agreement- 3 Party 1 of 11 Union Pacific Railroad
NOW, THEREFORE, in consideration of the premises and the mutual undertakings as hereinset forth, the parties hereto agree as follows:
AGREEMENT
Article 1. Scope of Work.
a. The State, the Local Government, and the Railroad agree to the permanent closure ofexisting railroad grade crossing(s), and to make other operational or safety improvements tofacilitate the closure of said existing railroad grade crossing(s), as detailed in Exhibit A.
b. The Railroad shall remove the crossing warning devices and crossing surface andreestablish the ditch line at the crossing ( DOT No. 416081E; Mangrum Road), as detailed inExhibit A.
Article 2. Performance of Work.
a. The State, the Local Government, and the Railroad agree to perform the work asshown in Exhibit A. The Railroad is solely responsible for removal of the existing crossingsurface and warning devices on Railroad right of way and making any changes or alterations inthe track, wire lines, drainage, or other Railroad owned facilities located in the crossing right ofway and as shown in Exhibit A.
b. The Local Government shall make the necessary arrangements for the closing of thecrossing( s) shown in Exhibit A and/or Exhibit B. The State shall make funding available to theLocal Government, provided the Local Government uses these funds to make improvementswhich may include, but not limited to, ( 1) removing the existing pavement at the crossing(s);2) constructing a satisfactory terminus of the roadway at the removed crossing(s); ( 3) installing
proper signs acknowledging the closing of the crossing(s); ( 4) upgrading existing railroad
signals; or (5) improving and/ or extending existing streets in the vicinity of the closed crossing( s)to handle the diverted traffic.
c. The Local Government may perform the improvements with its own forces, with forcesfrom other governmental organizations or utilizing the services of private contractors. In the
event the Local Government elects to use private contractors, the Local Government shallcomply with the following federal contract procedures:
1) Title 23 CFR Section 635. 112— Advertising for bids and proposals
The Local Government will be required to comply with the subsections ( a)
through ( h). Generally, the Local Government must advertise for the bids in alocal and/or regional newspaper a minimum of three ( 3) weeks prior to theopening of the bids. The Local Government shall notify the State prior tosubmitting the advertisement. The design-build provisions identified in theprocedures are not authorized for the desired improvements.
2) Title 23 CFR Section 635. 113— Bid opening and bid tabulations
The Local Government will be required to comply with the subsections ( a) andb). Under this requirement, all bids received shall be publicly opened and
Crossing Closure Agreement— 3 Party 2 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12 McLennan CountyDeveloped 06/05/ 12— GG CSJ 0909-22- 172
announced by either item-by- item or by total amount. Bid tabulations shall becertified by the Local Government and submitted to the State for approval prior tothe award of the contract. The design- build provisions identified in theprocedures are not authorized for the desired improvements.
3) Title 23 CFR Section 635. 114— Award of contract and concurrence of award
The Local Government will be required to comply with the subsections (a)
through (j). Under this requirement, the Local Government shall award thecontract only on the basis of the lowest responsive bid submitted by qualifiedbidders. Award shall be within the time frame established by the LocalGovernment and is subject to the prior concurrence of the State. Concurrence
by the State is a prerequisite to federal funding participation and is considered asauthority to proceed with the construction of the desired improvements. In the
event the Local Government determines that the lowest bid is not responsive, itshall notify the State to obtain concurrence before making an award to the nextlowest bidder. A copy of the fully executed contract between the LocalGovernment and the contractor shall be furnished to the State as soon aspracticable after execution.
d. The Local Government shall notify the State in writing to identify what improvementsare planned and who will be performing the improvements as described in Article 2. b. above asdetailed in Exhibit A and Exhibit D. Approval by the State must be obtained prior to the LocalGovernment incurring any costs eligible for reimbursement.
e. If the Local Government will perform any work under this contract for whichreimbursement will be provided by or through the State and the Local Government will be usingcontract labor, the Local Government must complete training before a letter of authority isissued. Training is complete when at least one individual who is working actively and directly onthe Project successfully completes and receives a certificate for the training course entitledLocal Government Project Procedures Qualification for the Texas Department of Transportation.The Local Government shall provide the certificate of qualification to the State. The individual
who receives the training certificate may be an employee of the Local Government or anemployee of a firm that has been contracted by the Local Government to perform oversight ofthe Project. If the requirement has been met, but the qualified individual subsequently ceases tooversee the project, a " qualified" replacement shall be named by the Local Government. If theindividual named is not qualified, the replacement shall complete the required training as soonas practical. Failure of the Local Government to have a qualified person before the issuance ofthe Work Order is received subjects the project award to non-concurrence and non-participationin funding by the State.
Article 3. Project Funding.
a. The State's maximum amount payable under this contract shall not exceed theavailability of appropriated federal funds for the project for the fiscal year in which work isperformed. The State shall advise the Railroad and the Local Government of the availability offunds. The State has prepared the Summary of Project Costs, as detailed in Exhibit C.
b. The Local Government shall furnish the State a cost estimate(s) for the eligibleimprovements identified in Article 2. b. The Local Government's cost estimate shall be reviewed
Crossing Closure Agreement— 3 Party 3 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12 McLennan CountyDeveloped 06/05/ 12— GG CSJ 0909-22- 172
and approved by the State as detailed in Exhibit D.
Article 4. Agreement Not a Waiver.
The Railroad' s agreement to perform the work included in Exhibit A does not constitute awaiver by the Railroad to any rights of ownership currently vested in the Railroad.Article 5. Plans and Specifications.
a. The State and/or the Local Government shall prepare the Exhibit A plan sheet to beapproved by the Local Government and/ or the State and the Railroad upon execution of thisAgreement.
b. All traffic control devices installed herein shall comply with the latest edition of theTexas Manual on Uniform Traffic Control Devices for Streets and Highways. Design standards
shall be in accordance with the American Association of State Highway and TransportationOfficials ( AASHTO), "A Policy on Geometric Design of Highways and Streets."
Article 6. Work Orders.
a. For any work performed by the Local Government and/or the Railroad to bereimbursed by the State, upon the request of the Local Government and/ or the Railroad, theState shall issue a work order to authorize the Local Government and/or the Railroad to beginwork at each location.
b. The Local Government shall request a written Work Order from the State a minimumof two (2) weeks prior to its scheduled commencement of work and shall give the State's DistrictOffice 72-hour minimum notification of actual commencement of work. Once work begins, theLocal Government shall proceed diligently to completion of the installation. If an emergencyarises and the Local Government is unable to begin work at the originally scheduled start date,the Local Government shall immediately notify the State District Office of the rescheduled datework on the project shall begin. Costs incurred by the Local Government at the project sitewithout a work order are not eligible for reimbursement by the State.
Article 7. Suspension of Work.
If the Local Government finds it necessary to suspend work on the project for any reason, theyit) shall notify the State of the date work was suspended and the date work on the project is to
be resumed. The Local Government must notify the State when work is resumed.
Article 8. Materials.
The Local Government may purchase materials upon receipt of written authority to assemblematerials from the State. All materials assembled for this project must comply with thespecifications included in Exhibit A and Exhibit D.
Article 9. Payment.
a. No payment shall be due from the State to the Local Government unless a WorkOrder for work to begin is issued. This Work Order will normally be issued upon request by the
Crossing Closure Agreement— 3 Party 4 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12
Local Government following execution of this Agreement by the State and in accordance withArticle 6.
b. Reimbursement from the State to the Local Government will be made for workperformed and materials furnished, including but not limited to, insurance premiums andcoverage at the rate and amount set forth in the approved cost estimate attached hereto, inaccordance with the provisions of Title 23, Code of Federal Regulations ( CFR), Subchapter B,
Part 140, Subpart I, issued by the Federal Highway Administration, and amendments theretoexcept as modified by the provisions herein. Work performed and materials furnished by theLocal Government shall be reimbursed by the State based on actual costs incurred by the LocalGovernment.
c. Any payment due the Local Government by the Railroad shall be paid after closure ofthe roadway(s) identified in Exhibit A and/or Exhibit B. The Local Government shall submit tothe Railroad a written request for payment.
d. The cost of the Local Government' s preliminary engineering ( which is ineligible forreimbursement with Federal funds if incurred prior to project letting and authorization of Federalfunds) will be reimbursed with State funds if incurred after the State' s request for preparation ofestimates.
e. The Local Government and/or Railroad may seek reimbursement of eligible costsusing one of the following payment schedules:
1) Progressive Payments. The Local Government may submit monthly bills,prepared in satisfactory form, for the costs associated with the improvementsdescribed in Article 2. b.
2) One Time Payment. After completion of the improvements described inArticle 2. b., the Local Government shall submit to the State a request for a onetime payment. The State shall make the payment within thirty ( 30) days fromreceipt of the request.
Article 10. Amendments.
No additions, changes, revisions, amendments, or alterations in the terms of this Agreement,including exhibits and attachments hereto, shall be made unless a written amendment is agreedto by the State, the Local Government, and the Railroad.
Article 11. Records and Audits.
a. The State and the Local Government shall maintain books, documents, papers,accounting records, and other evidence pertaining to costs incurred and work performedhereunder and shall make such materials available at their offices during the contract periodand for four ( 4) years from the date of final payment. The records shall be made available torepresentatives from the State or U. S. Department of Transportation, including the Office ofInspector General, for the purpose of making audits, inspections, transcriptions, or excerpts.
b. The state auditor may conduct an audit or investigation of any entity receiving fundsfrom the State directly under the contract or indirectly through a subcontract under the contract.
Crossing Closure Agreement— 3 Party 5 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12
Acceptance of funds directly under the contract or indirectly through a subcontract under thiscontract acts as acceptance of the authority of the state auditor, under the direction of thelegislative audit committee, to conduct an audit or investigation in connection with those funds.An entity that is the subject of an audit or investigation must provide the state auditor withaccess to any information the State Auditor considers relevant to the investigation or audit.
c. The Railroad is required to make any information created or exchanged with the Statepursuant to this Agreement, and not otherwise excepted from disclosure under the Texas PublicInformation Act, available in a format that is accessible by the public at no additional charge tothe State.
The State will identify information required to be disclosed by Railroad pursuant to the TexasPublic Information Act, which Railroad will then provide to the State.
Article 12. Maintenance.
The Local Government shall maintain any barricades or other facilities not located on Railroadright of way as installed, and in accordance with the project design as shown in the Exhibit A.
Article 13. Responsible For Its Own Actions.
The parties hereto acknowledge that no party is an agent, servant, or employee of any of theother parties, and each party agrees it is responsible for its own individual acts and deeds aswell as the acts and deeds of its contractors, agents, representatives, and employees duringperformance of contract work.
Article 14. Termination.
This Agreement is effective as of the last date of execution by the Railroad, the Local
Government, and the State and shall continue in effect thereafter until terminated as providedfor in this article. This Agreement may be terminated in whole or in part by the State, the LocalGovernment, or the Railroad and in accordance with Article 15 " Compliance with Laws" asfollows:
a. By mutual consent and agreement of the parties hereto;
b. By the State for reasons of its own and not subject to the mutual consent of the LocalGovernment and the Railroad, upon not less than thirty ( 30) days written notice to the LocalGovernment and the Railroad;
c. By the State if federal funds are no longer available to fund the warning devices at thegrade crossings;
d. By the Railroad if the grade crossings identified in Exhibit A and/or Exhibit B ceaseto belong to it or cease to operate trains across the intersection;
e. By the State giving notice in writing to the Local Government and/or the Railroad as aconsequence of failure by the Local Government and/or the Railroad to perform the workauthorized herein in accordance with the terms, conditions, or required items of work, withproper allowances being made for circumstances beyond the control of the Local Government
Crossing Closure Agreement— 3 Party 6 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12 McLennan CountyDeveloped 06/05/ 12— GG CSJ 0909-22- 172
and/or the Railroad and after providing at least thirty ( 30) days notice for the Local Governmentand/or the Railroad to remedy the noncompliance.
Article 15. Compliance with Laws.
a. The parties shall comply with all applicable federal, state, and local laws, statutes,ordinances, rules and regulations, and the orders and decrees of any courts or administrativebodies or tribunals in any manner affecting the performance of this Agreement. When required,the Railroad and/or the City shall furnish the State with satisfactory proof of this compliance.Nothing herein is meant to be or will be interpreted to be a waiver of principles of legalpreemption or preclusion that may apply to the Railroad because of its status as a commoncarrier regulated by the Federal government.
b. The Local Government shall enact and pass the necessary ordinance, order,resolution, or administrative instrument necessary to permit the permanent closure of thehighway- railroad grade crossing(s) as listed, and shall attach the ordinance hereto uponexecution by the Local Government and mark it Exhibit B. Said ordinance, order, resolution, oradministrative instrument shall state the crossing(s) shall be permanently closed and theroadway grade or embankment shall be removed from Railroad property. If in the future the
Local Government deems it essential from a safety and/or operational necessity to re-open thehighway-railroad grade crossing( s) closed as a part and condition of this Agreement, the LocalGovernment agrees to reimburse the Railroad for all costs incurred by the Railroad to facilitatesaid closure with the scope of the project. The Local Government further agrees to assume allcosts associated with re- opening said highway- railroad grade crossing(s), including but notlimited to, roadway approaches, crossing surface, railroad warning devices, to include flashinglight signals with bells and gates, and appropriate circuit control equipment, or warning devicesof such design as recommended by a diagnostic inspection team.
Article 16. Office of Management and Budget( OMB) Cost Principles.
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principlesestablished in OMB Circular A- 87 that specify that all reimbursed costs are allowable,reasonable, and allocable to the project.
Article 17. Civil Rights Compliance.
If and to the extent required by the authorization for any federal-aid highway funds applied tothis agreement, the Railroad and the Local Government shall comply with the regulations of theU. S. Department of Transportation as they relate to non- discrimination ( 49 CFR Part 21 and 23CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended
by Executive Order 11375 and supplemented in the Department of Labor Regulations ( 41 CFRPart 60).
Article 18. Disadvantaged Business Enterprise (DBE) Program Requirements.
Railroad maintains that it does not qualify as a recipient or sub- recipient under this Agreementof federal-aid highway funds authorized under Titles I ( other than Part B) and V of theIntermodal Surface Transportation Efficiency Act of 1991 ( ISTEA), Pub. L. 105- Stat. 1914, orTitles I, Ill, and V of the Transportation Equity Act for the 21st Century ( TEA-21), Pub. L. 105-
Crossing Closure Agreement— 3 Party 7 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12
178, 112 Stat. 107 ( collectively " FHWA Funds") and that this Agreement does not qualify as afederal- aid construction contract. If and to the extent required by the authorization for anyfederal-aid highway funds applied to this agreement, upon prior written notice, the Railroad andthe Local Government agree:
a. The State, the Railroad, and the Local Government shall set an appropriate DBE goalpursuant to 49 CFR, Part 26 for this Agreement consistent with the State' s DBE guidelines andin consideration of the local market, project size, and nature of the goods or services to beacquired. The Railroad and the Local Government shall have final decision- making authorityregarding the DBE goal and shall be responsible for documenting its actions. The State, theLocal Government, and the Railroad agree that the appropriate DBE goal for this contract iszero percent.
b. The Railroad and the Local Government shall not discriminate on the basis of race,color, national origin, or sex in the award and performance of any DOT-assisted contract or inthe administration of any applicable DBE program or the requirements of 49 CFR Part 26related to this Agreement. The Railroad and the Local Government shall take all necessary andreasonable steps under 49 CFR Part 26 to ensure non- discrimination in award andadministration of DOT-assisted contracts related to this Agreement.
c. Each contract the Railroad or the Local Government signs with a contractor under thisAgreement (and each subcontract the prime contractor signs with a sub-contractor) mustinclude the following assurance: The contractor, sub- recipient, or sub-contractor shall notdiscriminate on the basis of race, color, national origin, or sex in the performance of thiscontract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the awardand administration of DOT-assisted contracts. Failure by the contractor to carry out theserequirements is a material breach of this agreement, which may result in the termination of thisagreement or such other remedy as the recipient deems appropriate.
Article 19. Debarment Certification.
If and to the extent required by the authorization for any Federal- aid highway funds applied tothis agreement, the parties agree not to make any award at any tier to any party that they know,or have reason to believe, is debarred or suspended or otherwise excluded from or ineligible forparticipation in Federal Assistance Programs under Executive Order 12549, " Debarment andSuspension." By executing this agreement, the Railroad and the Local Government certifies tothe best of its knowledge and belief that it is not currently debarred, suspended, or otherwiseexcluded from or ineligible for participation in Federal Assistance Programs under ExecutiveOrder 12549 and that it will not do business with any party that is known to the Railroad and theLocal Government to be currently debarred, suspended, or otherwise excluded from or ineligiblefor participation in Federal Assistance Programs under Executive Order 12549. The parties tothis agreement shall require any party to a subcontract or purchase order awarded under thisagreement to certify its eligibility to receive federal funds and, when requested by the State, tofurnish a copy of the certification.
Article 20. Lobbying Certification.
If and to the extent required by the authorization for any Federal- aid highway funds applied tothis agreement, the parties agree that, in executing this agreement, each signatory certifies tothe best of that signatory' s knowledge and belief, that:
Crossing Closure Agreement— 3 Party 8 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12
a. No federal appropriated funds have been paid or will be paid by or on behalf of theparties of this agreement to any person for influencing or attempting to influence an officer oremployee of any federal agency, a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan, the entering into of anycooperative agreement, and the extension, continuation, renewal, amendment, or modificationof any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid toany person for influencing or attempting to influence an officer or employee of any agency, aMember of Congress, an officer or employee of Congress, or an employee of a Member ofCongress in connection with federal contracts, grants, loans, or cooperative agreements, thesignatory for the Railroad or the Local Government shall complete and submit the FederalStandard Form- LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
c. The parties shall require that the language of this certification shall be included in alllower tier subcontracts, which exceed $ 100, 000, and all such sub- recipients shall certify anddisclose accordingly. Submission of this certification is a prerequisite for making or entering intothis transaction imposed by Title 31 USC § 1352. Any person who fails to file the requiredcertification shall be subject to a civil penalty of not less than $ 10, 000 and not more than
100,000 for each failure.
Article 21. Federal Funding Accountability and Transparency Act Requirements.
If and to the extent required by the authorization for any Federal- aid highway funds applied tothis agreement, the Railroad agrees:
a. Any recipient of funds under this agreement agrees to comply with the FederalFunding Accountability and Transparency Act ( FFATA) and implementing regulations at 2 CFRPart 170, including Appendix A. This agreement is subject to the following award terms:http:// edocket.access.gpo.gov/2010/ pdf/2010-22705.pdf and
1) Obtain and provide to the State a Central Contracting Registry ( CCR) numberFederal Acquisition Regulation, Part 4, Sub-part 4. 1100) if this award provides
more than $ 25,000 in federal funding. The CCR number may be obtained byvisiting the CCR website whose address is: https://www.bpn.gov/ccr/default.aspx;
2) Obtain and provide to the State a Data Universal Numbering System ( DUNS)
number, a unique nine-character number that allows the federal government totrack the distribution of federal money. The DUNS may be requested free ofcharge for all businesses and entities required to do so by visiting the Dun &Bradstreet on- line registration website http://fedgov.dnb.com/webform; and
3) Report the total compensation and names of its top five (5) executives to theState if:
Crossing Closure Agreement— 3 Party 9 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12 McLennan CountyDeveloped 06/05/ 12— GG CSJ 0909-22- 172
1. More than eighty percent of annual gross revenues are from thefederal government, and those revenues are greater than
25,000,000 annually; and
2. The compensation information is not already available throughreporting to the U. S. Securities and Exchange Commission.
c. The State acknowledges that the FFATA provisions of this Article may have nooperative effect on the Railroad based on the Railroad' s representation that it does not receiveeighty percent or more of its annual gross revenues from federal procurement contracts andsubcontracts.
Article 22. Single Audit Report.
a. The Local Government shall comply with the requirements of the Single Audit Actof 1984, P. L. 98-502, ensuring that the single audit report includes the coverage
stipulated in OMB Circular A- 133.
b. If threshold expenditures of $ 500,000 or more are met during the Local Government'sfiscal year, the Local Government must submit a Single Audit Report and Management Letter ( ifapplicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT'sAudit Office at http://www.txdot.gov/contact us/audit.htm.
c. If expenditures are less than $ 500,000 during the Local Government's fiscal year, theLocal Government must submit a statement to TxDOT's Audit Office as follows: " We did notmeet the $500,000 expenditure threshold and therefore, are not required to have a single auditperformed for FY
d. For each year the Project remains open for federal funding expenditures, the LocalGovernment will be responsible for filing a report or statement as described above. Therequired annual filing shall extend throughout the life of this agreement, unless otherwise
amended or the Project has been formally closed out and no charges have been incurred withinthe current fiscal year.
Article 23. Legal Construction.
If one or more of the provisions contained in this agreement shall for any reason be heldinapplicable, invalid, illegal, or unenforceable in any respect, that inapplicability, invalidity,illegality, or unenforceability shall not affect any other provisions and this agreement shall beconstrued as if it did not contain the inapplicable, invalid, illegal, or unenforceable provision.
Article 24. Signatory Warranty.
Each signatory to this Agreement certifies that they have the authority to enter into thisAgreement on behalf of its organization.
Crossing Closure Agreement— 3 Party 10 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12
IN WITNESS WHEREOF, the State, the Railroad, and the Local Government have executedtriplicate counterparts of this Agreement for this Project identified as CSJ 0909- 22- 172 on thedates indicated below.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission forthe purpose and effect of activating and/or carrying out the orders, established policies or workprograms heretofore approved and authorized by the Texas Transportation Commission.
4By Date
Robert Travis, P. E., Rail- Highway Branch Manager, Traffic Operations ivision
UNION PACIFIC RAILROAD COMPANY
By •• I
PANY
5/ aUl 5John J. Hovanec
Name and Title AVP Engineering
McLENNAN COUNTYdi
By SAW dr, Date 2/2 g/ is
Name and Title Stsar (n. FELTCYJ , CioV, ift Jake-Notices:
For the purposes of this Agreement, all notices, correspondence, billings, and other
documentation shall be mailed to the following addresses:
For the State of Texas For the Union Pacific For McLennan CountyRailroad Co.
Rail- Highway Branch Manager Manager Public Projects County Commissioner, Pct. 3Texas Department of Transportation Union Pacific Railroad McLennan CountyTraffic Operations Division Company P. O. Box 648125 E. 11th Street 24125 Old Aldine-Westfield Waco, TX 76703-0648Austin, TX 78701- 2483 Road
Spring, TX 77373
Crossing Closure Agreement— 3 Party 11 of 11 Union Pacific RailroadTexas-Approved 10/ 15/ 12
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EXHIBIT B
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OFMCLENNAN COUNTY, TEXAS
That the McLennan County Commissioners Court has conducted a public hearing andtaken action to alter from end to end Mangrum Road at Old Dallas Highway; and
That McLennan County Commissioners Court supports the shortening from end to end ofMangrum Road by eliminating the roadway from its intersection with the Old Dallas Highway tothe west right-of-way line of the Union Pacific Railroad; and
That it is hereby officially found and determined that the meeting at which this resolutionwas passed was open to the public as required by law and that public notice of the time, place,and purpose of the meeting was given as required.
PASSED AND APPROVED this the
0214) day of f eCEM(3
2014.
Scott M Felton, McLennan ounty Judge
Attest: J. A. "Andy" Harwell,McLennan County Clerk
EaD,A; P `- 6Deputy
EXHIBIT" C"
TEXAS DEPARTMENT OF TRANSPORTATIONSUMMARY OF ESTIMATED COST
2014 FEDERAL RAILROAD SIGNAL PROGRAMFebruary 2, 2015
McLennan CountyCSJ 0909-22- 172
Project STP 2015(552) FRSCrossing to be Closed: Mangrum Road, DOT No. 416081E
1. Participation and Cost Estimate by McLennan CountyThe County will close the Mangrum Road crossing of the Union Pacific Railroad. The
County will perform additional roadway and safety improvements on adjacent streets asagreed upon by the State. These safety improvements will be performed on MangrumRoad and Old Dallas Road as described on Exhibits" A" and" D" for a total of $ 110,586.
2. Participation and Cost Estimate by Union Pacific RailroadThe Railroad shall provide labor and equipment to close the crossing referencedabove and to remove existing crossing surface and cross buck signs and provideflagging for the county to re-establish natural ditch lines at Railroad expense.Roadway approaches for the permanent closure of the crossing to be done by thecity/county. The Railroad shall contribute $ 50,000 to the County for the crossingclosure in addition to labor and materials for the closure of the crossing.
3. Participation and Cost Estimate by Texas Department of TransportationThe State will reimburse the County up to $ 110,586,000 for the safety improvementwork on adjacent road to facilitate the crossing closure.
McLennan County Commissioner, Pct. 3 December 15, 2014P. O. Box 648
Waco, Texas 76703-0648
254) 757-5063 Phone
254) 757-5007 Fax
will. jonesco.mclennan. tx.us
ESTIMATE
Guy GodfreyTexas Department of Transportation
Traffic Operations Division— Rail Safety Section125 E 11th Street
Austin, Texas 78701- 2483
RE: DOT No. 416081E— 2014 FEDERAL SIGNAL PROGRAM
CLOSURE OF MANGRUM ROAD AND MODIFICATIONS OF ALTERNATE ROUTE—OLD DALLAS RD. WEST, TEXAS, MCLENNAN COUNTY PRECINCT 3)
Mr. Godfrey,
Pursuant to the aforementioned project, please see the estimated cost of necessary safety improvements forclosure of the Mangrum Road rail crossing:
Phase I
Remove roadway on both sides of the UPRR tracks located at Mangrum Rd off of Old Dallas Rd:1— track- loader with operator 12 hours 85 per hr. $ 1, 020
2— dump trucks with operator 12 hours 120 per hr. $ 1, 440
2— flagmen 12 hours 57 per hr. $ 684
2— pickups with drivers 12 hours 38 per hr. $ 456
1— motor-grader with operator 6 hours 80 per hr. $ 480
1— administrative work for line locates 250
4,330
Phase II EXHIBIT D
Pave alternate thoroughfare— 1. 1 miles of Old Dallas Rd: SHEET 2 OF 2.Y
Haul and spread 8" base of Crushed Limestone FlexbaseNOTE ( Materials loaded in McLennan County Trucks/ trailers and based on location, availabilityand current bid award, price subject to change on bid renewal)
4300 tons flexbase at current bid price ($ 5. 50 per ton) 23, 650
3— truck and trailer with operator 120 hours $ 240 per hr. $ 28,8001— motorgrader with operator 120 hours $ 80 per hr. $ 9, 600
62,050
Prep/ Prime Road for paving with CSS- 1H EmulsionsNOTE ( Materials loaded in McLennan County Trucks/ trailers and based on location, availabilityand current bid award, price subject to change on bid renewal)
1200 gallons of CSS- 1H at current bid price ($ 2. 12 per gallon) $ 2, 544
1— motorgrader with operator 16 hours 80 per hr. $ 1, 280
1— water truck with operator 16 hours 74 per hr. $ 1, 184
1— distributor with operator 8 hours 50 per hr. $ 400
2— flagmen and trucks 24 hours 95 per hr. $ 2, 280
8, 728
Pea Gravel and CRS- 2- Chipseal 1. 1 miles with 2 coat processNOTE ( Materials loaded in McLennan County Trucks/ trailers and based on location, availabilityand current bid award, price subject to change on bid renewal)
400 tons Grade 4 Peagravel at current bid price($ 5. 50 per ton) $ 2, 200
13000 gallons CRS- 2 oil at current bid price ($2. 12 per gallon) $ 27, 560
1— distributor with operator 12 hours 50 per hr. $ 600
1— chipspreader with operator 12 hours 80 per hr. $ 960
1— tanker truck with operator 12 hours 74 per hr. $ 888
4— tandem trucks with operator 12 hours 240 per hr. $ 2, 880
35,478
Roadway removal 4,330
Haul & Spread Flexbase 62, 050
Prep/ Prime 8,728
Chipseal— 2 coats 35,478
TOTAL COST 110,586
JUN 16 2015
JA"ANDY HARWELL, County ClericMclennan County, Texas
BY: KELLY FULLBhIGN'r DEPUTY
Recording of Authorization of Service Agreement / Addendum: G& K Services ( re:
Maintenance of Buildings Uniforms) approved by Order on March 10, 2015 and recorded onPage 23 of these minutes.
RECEIVED
JUN 1 0 2015QficLENNAN C®o
JUDGE
oou r teC4701/ 0)(7'ncc
orar oR A ao12
Jima
Ct AGREEMENT FOR SUPPLY OF G& K SERVICES
FOR
css SERVICES BUY BOARD MEMBER:_
This Agreement, including the terms below, on the reverse, and on any attached written addenda and any added verbally as descnbed below, all of which are Incorporated bythis reference,(- Agreement') is entered into between Customer and G& K Services(' G& K'), as of the Effective Date Customer and Effective Date are identified below
1. G& K Agrees With Customer:
To provide services(' Services') and merchandise(' Merchandise') listed on any attached Addenda, or added verbally or in a separate wnting by CustomerTo provide G& K Service Guarantees
o G& K will deliver all Merchandise to Customer, picked-up by G& K on a regularly scheduled delivery day, by the next scheduled delivery day,o G& K will dean all Merchandise using high standards in laundenng methods,o G& K will inspect, repair and deliver to Customer, on the next scheduled delivery day, all Merchandise needing repair that can reasonably be repaired,o G& K will deliver to Customer all Merchandise in a clean and useable condition on the next scheduled delivery day,o G& K will deliver to Customer, on the next regularly scheduled delivery day, replacement or additional uniforms ordered of a similar size and color as
those in service at Customer, provided G&K receives the order on a regular delivery day,o G& K will replace worn-out Merchandise on the next regularly scheduled delivery day with Merchandise meeting G& K' s high quality standards, at no
additional charge to Customer except for Merchandise damaged or lost and except for charges for preparation, nametags or emblems, and embroidery,To issue a credit to Customer's account equal to the weekly charge for the item of Merchandise affected, to the extent G& K Service Guarantees are unmetTo review with Customer its account for Services and Merchandise as needed or upon request
To remain committed to meeting or exceeding Customer' s needs, and to respond to any Customer service request or concern within 48 business hours after receiptby a G& K representative
If G& K matenally fails to provide Services or Merchandise required under this Agreement, Customer will deliver written details of the failure to the G& K office servingCustomer, and G& K then has 60 days to correct rt The failure will be considered corrected unless within 10 days after this sixty-day penod Customer delivers to the G& Kfacility serving Customer a second written notice showing the failure is continuing If this Agreement then is cancelled, Customer will pay G& K all amounts then due, return allrental items to G& K in good and usable condition, and pay the replacement value for all lost, damaged and/ or unreturned rental items
2. Customer Agrees With G& K:
Customer has no commitment to any other company for the actual Services or Merchandise chosen for installation with G& K under this Agreement at the locationinstalled, the individual signing for Customer is authonzed to enter into this Agreement on Customer's behalf, and this Agreement, when signed on behalf of Customerwill constitute a legal binding obligation of Customer, enforceable against Customer,To order from G& K all its requirements for the specific items of Merchandise installed with G& K and their related Services covered under this Agreement dunng thetime this Agreement is in effect,
To pay the fees for all Merchandise and Services supplied by G& K under this Agreement, based on 52 weeks per year of service, as followso In cash on the regular delivery day or, rf G& K has approved credit for Customer, within Se'days after the date of each invoice delivered, provided that G& K
may, at any time, convert any account to a cash on delivery basis,o Annual increases in pnces as invoiced by G& K for Merchandise and Services at the rate of 2% annually on the anniversary date of the Agreemento All charges shown on G& K invoices for additional items, such as additional orders for Merchandise and Service, charges for any embroidery, seasonal
changeovers, exchanges, outsizes, automatic replacement, Image Guard program, special services programs, replacement values for Merchandise lost or
damaged( ordinary wear and tear excepted) while in possession of Customero At any time while this Agreement is in effect, a minimum of 75% of the average weekly fees invoiced by G&K to Customer dunng( a) the first 8 week penod
under this Agreement, or( b) any lesser penod from commencement of this Agreement if Customer has not yet had 8 weeks of weekly invoices, ando G& K's then current replacement values for all embroidered or permanently embellished, non- standard and/or unretumed Merchandise provided to Customer
by G& K under this Agreement at the time this Agreement expires or is terminated for any reasonTo notify G&K in advance of service of anything that may pose a heath or environmental hazard, as for example Merchandise containing lead or blood bornepathogens, except as approved in advance by G& K In wnting,Customer agrees to defend, indemnify, and hold harmless G& K, its directors, officers, agents and employees from and against any and all claims, demands, losses, andexpenses, including attorney fees, ansing out of suits, claims and demands by reason of injury or death of any person( s) or damages to any property which directlyanses out of the negligent act or omission of Customer, to the extent permitted by law and without waiving any applicable immunity nghts G& K agrees to defend,indemnify, and hold harmless Customer its directors, officers, agents, and employees from and against any and all claims, demands, losses, and expenses, includingattorney fees, ansing out of suits, daims and demands by reason of injury or death of any person( s) or damage to any property which directly anses out of the negligentact or omission of G& K, and
maybe renewed wry ___
L t s
3. Term: Renewal: Early Termination 1.;
r' N fts
This Agreement takes effect as of the Effective Dateland continues for the term of. 6' months(' Initial Term') from the later of( a) the Effective Date or b) the date G& Kfirst delivers Merchandise to Customer, and then r
llr^^"^^^'^^ lly^ na^^ M r•ely for successive penods of 1 month( each, a` Renewal Term"). sinleeeeritwr
Pf,u• wiexpiration of the Initial Term or 30 days dunng any Renewal Term Notwithstanding theforegoing, this Agreement is subject to the non-appropnations clause, an8 may be terminated at any 12- month increment of the Initial Term rf funding for the upcomingyear is not available and prompt written notice of the same is provided to G& K
TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS AGREEMENT, AND IN ANY ATTACHED ADDENDA, ARE A PART OF THIS AGREEMENTTHIS AGREEMENT IS NOT BINDING ON G& KK UNTIL SIGNED BY Galt MANAGEMENT BELOW.
Customer m c1. n A 11 N Cou n-1 { 7u AI 1116 c144 4RVICES9ff L
Address O( , A. 1 J 6 : Wb 1 Sales Signature •
i
QX Accepted By t if / Pnnted Name and Title 7;" t1 //// )
II • Q
SC^ r_ I,
Management Signature a'— "/ "" -'`
XName and Title( pooled) CVT" x.300 C Wartt ` pbt tt
11 1
Pnnted Name and Title 0/ 1^ `- 4a P( 4 t19
Effective Date ri)A V(_ i to , 2015 Route , Day Customer Number
Delivenng Unworn Service Excellence
Page 3
B®ard° Gu!:Bid No. 340- 10
ADDENDUM TO AGREEMENT FOR SUPPLY OF G& K SERVICES FOR NEIGHBORHOOD CENTERS, INC.
4 Rental Agreement. On June 1" of each year, prices will be increased by 2%.
4 All garments will have the steam tunnel finish, with the exception of the Executive Shirts& Executive
Pants, they are pressed.
4 Shirts are available in long or short sleeves ( unless noted), both at the same price.
I Customers can choose to have any or all garments pressed, there will be an additional cost of$0.25per garment.
I There will be a design fee to create a Direct Embroidery logo.
4 Direct embroidery per garment=$ 6.00
4 There will be a Buy Back charge for all garments with Direct Embroidery and there will be a Buy Backon Executive Shirts& Knit Shirts with emblems, at the current garment replacement cost.
J Minimum Stop$ 35.00
J No charge for Prep, Emblems, or name tags.
4 No charge for Environmental or waste water( additional service charge)
J 2% energy surcharge per invoice
J 10% up charge on Oversized garments:Shirts
Size 2XL to 5XL
Shirts 6XL and over will have an up charge of35%)Sleeve length 36& over
Long tailsPants
Men' s waist size 44 to 58
Men' s lengths 36 and above
Pants with a waist size of60& over will have an up charge of35%)Ladies size 22 to 32
Ladies Pants from 32 and over will have an up charge of35%)
Customer may terminate this Agreement for his own convenience at any time, provided that Customer must give written notice to G& Kat least 90 days pnor to the effective date of termination stated by Customer in the notice, complies with the requirements of ParagraphE below, and pays an Early Termination Fee The Early Termination Fee is intended to provide to G& K a return on its investment inCustomer's image program and shall be calculated, as follows multiply the number of weeks remaining in the Initial Term or RenewalTerm, as the case may be, following the date of termination by either( a) an amount equal to 50% of the average weekly amountsinvoiced by G& K to Customer during the 8 weeks preceding the date of Customer's notice of termination, or( b) if Customer terminatesthis Agreement before Customer has 8 weeks of average weekly invoices, by an amount equal to 50% of average weekly invoices forany lesser period of time In the event Customer fails in any of its commitments under this Agreement, G& K may suspend itsperformance or terminate this Agreement within 30 days after the date G& K provides notice to Customer of the failure, in which case
Customer will meet each of the conditions described in this paragraph, including paying G& K the Early Termination Fee
B CUSTOMER ACKNOWLEDGES THAT G& K HAS INVESTED IN MERCHANDISE AND PERSONNEL IN RELIANCE ON THISAGREEMENT, THAT G& K IS ENTITLED TO A RETURN ON THIS INVESTMENT, AND THAT THE PAYMENT OF FEES ANDCHARGES, INCLUDING THE EARLY TERMINATION FEE, REPRESENT THIS RETURN ON INVESTMENT OVER THE TERM OF
THIS AGREEMENT
C All rental Merchandise supplied to Customer under this Agreement remains the property solely of G& K
D G& K MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE, REGARDING THE MERCHANDISE OR THE SERVICES SUPPLIED UNDER THIS AGREEMENT OTHER THAN THOSESPECIFICALLY DESCRIBED IN THIS AGREEMENT CUSTOMER ACCEPTS SOLE RESPONSIBILITY FOR SELECTING THE
TYPE AND AMOUNT OF MERCHANDISE APPROPRIATE FOR CUSTOMER AND ACKNOWLEDGES THE MERCHANDISESUPPLIED UNDER THIS AGREEMENT IS SUPPLIED FOR GENERAL PURPOSES, UNLESS SPECIFICALLY IDENTIFIED AS" FIRE
RETARDANT"," FLAME RESISTANT" OR FOR OTHER SPEICAL PURPOSE G& K MAY NOT BE THE MANUFACUTRER OF THE
MERCHANDISE AND HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONVENANT,EXPRESS OR IMPLIED, REGARDING THE QUALITY, SAFETY OR SUITABILITY OF THIS MERCHANDISE FOR USE BYCUSTOMER
E As of the effective date of any termination, expiration or cancellation of this Agreement for any reason, Customer will return to G& Kall Merchandise in good and usable condition or pay G& K's replacement value for any Merchandise not returned or that is returned indamaged condition, will purchase at G& K's then replacement value all embroidered, permanently embellished, non-standard or specialorder Merchandise, and will pay to G& K all amounts owed to that date under this Agreement, including, without limitation, all accountsreceivable, replacement value for all lost or damaged Merchandise, plus, if applicable, the Early Termination Fee
F. Any claim or dispute between the parties, ansing from, or relating to, this Agreement will be governed by Texas law, without regardto its conflicts of law provisions, and the parties agree any disputes with respect to the Agreement shall be venued in the State ofTexas Any claim or dispute must be resolved only as provided in this Section Pnor to filing any legal proceeding in any court, theparties will first attempt in good faith to promptly resolve the claim or dispute, including by negotiation at agreed time(s) and location( s)All negotiations are confidential and will be treated as settlement negotiations If the parties are unable to resolve the dispute through
negotiation, then G& K may elect to require a mediation of the dispute through a neutral party under rules of an established mediationcenter Each provision of this paragraph is enforceable by any Texas court having junsdiction over the parties, and either party mayseek injunctive relief for this purpose. Customer and G&K will each be responsible for payment of their own respective costs, includingattorneys' fees, incurred to enforce the commitments of the other party under this Agreement and this paragraph
G Any interruption of a party's usual operations, or delay or termination of service provided in this Agreement, by reason of acts of God,fires, explosions, strikes, or other industrial disturbances, or any cause beyond the reasonable control of the affected party, will not beconsidered a failure or a liability under this Agreement
H THE REMEDIES FOR CUSTOMER DESCRIBED IN THIS AGREEMENT ARE THE SOLE REMEDIES FOR G& K'S BREACH OFITS OBLIGATIONS UNDER THIS AGREEMENT NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIALINCLUDING, WITHOUT LIMITATION, LOST WAGES, REVENUE, PROFIT, OPPORTUNITY, DATA OR LOSS OF USE),
EXEMPLARY OR PUNITIVE DAMAGES
I If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, the remaining terms and conditionswill remain in full force and effect This Agreement constitutes the entire agreement and supersedes all pnor oral or written agreements
between the parties regarding the matters covered by this Agreement No waivers or statements made by any representative of G& Kor Customer will be valid unless included in writing in this Agreement No amendments to this Agreement will be binding unless inwriting signed by representatives of both parties having the apparent authority to do so or as otherwise indicated in this Agreement
J. All notices permitted or required under this Agreement must be in writing and transmitted by personal delivery, a nationallyrecognized overnight courier service, certified or registered mail, returned receipt requested, or facsimile( with confirmation) Notices
shall be sent to the addresses specified on the first page of this Agreement or to such other address as either party may specify in
writing
7 L4 ' 0 1
aG&K SERVICES ( G& K) SERVICE AGREEMENT NUMBER
ADDENDUM TO SERVICE AGREEMENT
G& K SERVICESCOMPANY NAME( Customer)
Ps .- e Y\ o.-i J\ C 1) ua ha , i
9.)Vt Adt V f•t\ rr 1 r‘ i 4-' O, Q n C e_
710 t D7ADDRESS t
W c0, IN l37: 2 r 1 H jY'
0 6 ( 0 1V / / 7,- 7O1PHONE NUMBER
MERCHANDISE/ SERVICE ITEMS ( ITEMS)REM NUMBER OF INVENTORY PER CHARGE PER SERVICE CURRENT UNIT REPLACEMENT
t k)‘
DESCRIPTION [
L1#
PERSONS/ QTY. PERSON/ ITEM CHANGE/ ITEM FREQUENCY OR LOSS/ DAMAGE VALUE
IJr X411.(', V t cD4; i-- AN1P- 1 1 I 0 0
tt4e`. A
CHARGE' CHARGE* CHARGE*
Prep 0 Outsizes bib Invoice Minimum 75%
Nametag 9 Special Cuts UryoEmblem t/; Auto Replacement
Embroidery i_•u/) Environmental Charge
Changeovers Energy Charge
Exchanges Image Guard
Prices are subject to change as described In the Service AgreementCOMMENTS E• t
Customer and G& K agree that Merchandise/ Service Items listed above shall be governed by the provisions of the ServiceAgreement between Customer and G& K, which provisions are incorporated by reference into this Addendum.
Customer Name: 160C`C t C.MVP() C. N/G& K SERVICES
Accepted By Printed Name and Title: 1-'3. CA Jvv'°y°
Printed Name and Title SCt ii 011 re_ .IDIU Ct k1W7 J,J' s
Management Signature -`/• -
t-r° _ 114' a-, _ t 1Y\ i,Effective Date: / I' 20 IS
JUN 16 2015Printed Name and Title t '•
SVC- CS- FRM- 026 07/06 JA ANDY HARWELL,COu1STOMER COPYM Lerman County, Tema
By KELLY FULL@ RIQ,ELDEPUrY
ORDER APPROVING PAYMENT OF FINANCIAL OBLIGATIONS
AND AUTHORIZING THE COUNTY TREASURER TO PAY
COUNTY CHECKS JUNE 15, 2015
On this the 16 day of June, 2015, came on for consideration the matter of approving payment of Financial
Obligations and authorizing the County Treasurer to pay County Checks for June 15, 2015. Commissioner
Perry made a motion to approve and it was seconded by Commissioner Snell. A vote being called for, voting
in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson and Commissioner
Perry. It is ordered by the Court that said Financial Obligations and Authorization of the County Treasurer
be, and the same is hereby, approved by unanimous vote.
Order of the Commissioners' Court
of McLennan County
In accordance with Local Government Code Section 113. 041( a), the Commissioners Court of
McLennan County hereby directs the County Treasurer to release the checks to liquidate theobligations of McLennan County, Texas represented by the claims supporting the followingchecks, drawn on the McLennan County Treasury.
Date Checks will be Number of Total Amount of
Printed Invoices Invoices
06- 15- 15 385 348, 608.61
E061515 142 49,321. 70
GRAND TOTAL 527 397, 930.31
Approved and ordered by the McLennan County Commissioners Court
on this the 1(04
day of JL1N 2015
jr-40-W,)". SZ
County Judge
F° I JUN 162015
JA"ANDY HARVVEU-, County Ci9daML.ennan County, Texas
8Y: KEW( FULLBRIGHT DEPUTY
ORDER ACCEPTING:
COUNTY TREASURER' S INVESTMENT REPORTS
FOR THE MONTH ENDING MAY 31, 2015
On this the 16 day of June, 2015, came on for consideration the regarding the County Treasurer' s
Investment Reports. Commissioner Perry made a motion to approve and it was seconded by
Commissioner Snell. A vote being called for, voting in favor of said motion was Judge Felton,
Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court that
said Reports be, and the same are hereby, accepted by unanimous vote.
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Annual Increase in EOM Balance 8,961,272.42
Page 2 of 2
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ORDER AUTHORIZING ADVERTISEMENT FOR PROPOSALS:
RFP# 15- 012 LIABILITY AND PROPERTY INSURANCE
COVERAGE AND WORKERS COMPENSATION
On this the 16 day of June, 2015, came on for consideration the matter of Authorizing
Advertisements for Proposals: RFP # 15- 012 Liability and Property Insurance Coverage and
Workers Compensation. Commissioner Perry made a motion to approve and it was seconded by
Commissioner Snell. A vote being called for, voting in favor of said motion was Judge Felton,
Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court
that the McLennan County Director of Purchasing be, and he is hereby, so authorized to advertise
for sealed proposals as hereinafter indicated.
RECEIVED
JUN 1 0 2015REQUEST FOR PROPOSALS FOR II IcLENNAN coo
LIABILITY AND PROPERTY INSURANCE COVERAGE JUDGEAND
WORKERS COMPENSATION
McLennan County, Texas is seeking proposals for liability insurance coverage. TheRequest for Proposal Specifications can be obtained from Ken Bass C. P. M. Director of
Purchasing, McLennan County Purchasing Department, 214 North5th
Street, Waco, Texas
76701. Sealed proposals must be received by the Purchasing Director at the above addressno later than by 8: 30 a.m. on August 11, 2015. Proposals should be Marked RFP # 15- 012
Liability and Property Insurance Coverage and Workers Compensation. Inquiries may bedirected to Ken Bass, Director of Purchasing via e- mail at ken. [email protected]. tx.usThe proposals will be opened at approximately 9: 00 a.m. on August 11, 2015, in theCommissioners' Courtroom, McLennan County Courthouse, 501 Washington Ave.,Waco, Texas. Proposals shall be received, opened and will be EVALUATED andNEGOTIATED. Respondents should bid on the basis set out in the Request for ProposalSpecifications. No bond is required of the Respondent. Various factors will be considered
in the selection of a provider or providers, including but not limited to the following, inorder of relative importance:
Criteria Points
1. Scope of Coverage 30
2. Anticipated net premium cost 30
3. Financial stability and reputation of carrier 15
4. Carrier' s ability to provide loss control andclaims services requested 15
5. Agent' s service ability/County References 10
The County reserves the right to reject any or all proposals, and to waive anyirregularities or informalities in any proposal specifications and is subject to the termsthereof.
Run in the Waco Citizens Thursday June 18, Thursday June 25, ThursdayJuly 2, Thursday Wednesday July 9, Thursday July 16, Thursday July 23, Thursday July30 and August 6, 2015.
On August 12, 2015
Send statement to:
McLennan County214 North
4th
St. APPROVED eYCOMPAISSIONERsCOURT
Waco, TX. 76701 oar oFJUNLr zo
aalprrr+uova
JUN 162015
J.A."ANDY HARWELL, County CitdcMcLennan County, Texas
By LCEI 11FULLBPIGHT DEPUTY
ORDER APPROVING TRAVEL AND EDUCATION REQUEST:
JUSTICE OF THE PEACE, PRECINCT 3
On this the 16 day of June, 2015, came on for consideration the matter of Travel and/ or Education
Requests/ Ratifications: Justice of the Peace, Precinct 3. Commissioner Perry made a motion to approve
and it seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge
Felton, Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court
that said Travel Request be, and the same is hereby, approved by unanimous vote.
Received
JUN 0D 2015
t .. McLennan County Judge4
rr*- it4'1 McLennan County, Texast'or _ .; Out of County Travel Request Formw rrt i/
Department Justice of the Peace, Pct. Three
Conference/Training: 2015 Education and Technology Conference
Purpose: Education
Destination: Austin
From Date: 7/7/2015 To Date. 7/ 10/2015
Traveling Employees:Judge David Pareya
Registration fee: 145. 00 per person
This request includes( please check all that apply):Lodging( include rate below)57 Mileage Reimbursement X Other:
Parking ( include rate below)_ Meal Reimbursement X Other: I 1
Hotel room rate: 126.00 per night
Check if applicable: Conference/Host Hotel rate exceeds County Travel Policy rate of100 per night; request reimbursement of Conference/Host Hotel rate
Hotel parking rate: 0.00 self park rate per night Sparking rate is valet; self park is notavailable
Budget Fund Deptid Account Project
I 771 1245311 1 6191021 I
Additional Comments:
Please include any other anticipated expenses with detailed amounts if possible)Examples include: tolls, taxi, rental car, airfare, airport parking, etc.)
1111116ttkDepaAii--
orization: Commissioners Court Approval:APPROVED BY commeacmge COURT
Milo. YoSJ1if":
7/
JUN 16 2015
JA' ANDY HARWELL, County CIOMclennan County, Tema
By: KELLY FULLBRIG, MDEPUTY
ORDER ACCEPTING:
MONTHLY ACTIVITY REPORTS, MAY 2015
RE: MENTAL HEALTH COURT SERVICES
On this the 16 day of June, 2015, came on for consideration the matter of Mental Health Court Services:
Monthly Activity Reports, May 2015. Commissioner Perry made a motion to approve and it was
seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge
Felton, Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court
that said Reports be, and the same are hereby, accepted by unanimous vote.
i\
RECEIVED
j I' TESSA SLOVAK
JUN
PNicLENNAN CO.
1 s.7- r ., I JUDGEMental Health Court Services
7' PI i
T....11. .,
I '. r.y` l ' i I ^r Mary Allen, Assistant
I . • 1 i ) PO Box 1728l_ Waco, TX 76703
254/ 757-5166
McLennan County Courthouse Fax 254/ 759- 5682
501 Washington Ave., Ste 215 e- mail tessa slovak@co mclennan tx us
Waco, Texas 76701 a- marl mary allen@co mclennan tx us
To: COMMISSIONER' S COURT
From: TESSA SLOVAK- COURT SERVICES COORDINATOR
Re: MONTHLY ACTIVITIES REPORT FOR: May 2015
Dated: June 9. 2015 AM' AL='-TW yak, W'Services Coordinator
Note:
This office handles civil Mental Health cases which includes the filing of new cases( each case filed requires the
issuing ofapproximately 5 to 7 documents, service on proposed patient, notice to the Court Master& Attorney Ad
Litem, up to 3 hearings per commitment, billing for costs ofcourt, collecting& paying costs of court, etc.); and,
interviewing clients that have a family/friend with mental health issues to determine ifan emergency detentionorder( EDO) is needed and coordinating with our Mental Health deputies to serve the warrant.
Mental Health commitment hearings require a staff of 5 people namely: Judge, Assistant District Attorney,Court Reporter, Attorney Ad Litem, and Physician.
The number of cases handled through this Court has not increased due to our local facilities either refusingpatients, lack ofbed space or lack offunding all a while the mental health need has increased. This creates theissue ofMcLennan County being held responsible for the court costs on patients that must be taken to facilities inother counties.
This office also handles all Probate & Guardianship proceedings as the County Judge has original probatejurisdiction ( scheduling of hearings for Judge's docket, review proposed documents & files prior to hearings,
attend hearings, update dockets, etc.).
Along with the above, this office answers a multitude of questions on a daily basis with attorneys, medicalfacilities, the public, mental health deputies, and other county offices.
ACCEPTED BY COMMONERS COURTDAriihth-2°-''''
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ORDER ACCEPTING:
RECORDING OF MEETING MINUTES
RE: ANIMAL WELFARE ADVISORY BOARD
On this the 16 day of June, 2015, came on for consideration the matter of Animal Welfare Advisory
Board: Recording of Meeting Minutes. Commissioner Perry made a motion to approve and it was
seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge
Felton, Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court
that said Recording be, and the same is hereby, accepted by unanimous vote.
CITY OF WACO
PUBLIC NOTICE
A MEETING OF THE ANIMAL WELFARE ADVISORY BOARDWILL BE HELD ON
Wednesday, June 10, 2015Noon
City of Waco Operations CenterLarge Conference Room ge
1415 N. 4'" Street ACCEP1ED BY• . gei:',ptalfr
Waco, Texas76707 • A
1. Consider and approve the April 8, 2015 summary notes
2. Report and discussion of the Humane Society of Central Texas adoption operations
3. Report and discussion of the City of Waco Animal Control statistics and operations including updateon Spay Street Waco
4. Report and discussion of the Waco Animal Shelter operations and budget report
5. Report and discussion of the Waco Animal Shelter Renovation project fundraising efforts
6. Report and discussion from the Waco Animal Alliance animal welfare organizations on operations,spay/neuter statistics, and outreach efforts
7. Discussion of the City of Waco Animals Ordinance, best practices for enforcement and communityefforts to reduce the stray animal population
8. Report and discussion from veterinarian community on animal welfare issues
9. Discussion concerning annual report to the Boards and Commissions Committee
10. Discussion between the Board and City Council liaison regarding Board activities and appointments
11. Request for future agenda items and set next meeting date and timei
Wiley Stem, Assistant City Manager
It is the opinion of the City Attorney' s Office that this agenda complies with the requirements of Chapter 551 of theTexas Government Code.
1Jennifer Riche, City Attorney t
I hereby certify that this notice was being posted at Waco City Hall on the day ofJune 2015 at___,__am/ pm
Esmeralda Hudson, City Secretary
Note: Persons with disabilities who plan to attend this meeting and who need auxiliary aides or services shouldcontact Esmeralda Hudson, City Secretary, at( 254) 750-5750 at least twenty- four( 24) hours before this meeting sothat appropriate arrangements can be made.
ia.
ANIMAL WELFARE ADVISORY BOARD
Summary NotesWednesday, April 8, 2015
12: 01 p.m.— 1: 05 p.m.City of Waco Operations Center
Large Conference Room
1415 N. 46 Street
Waco, Texas 76707
Committee Members Present: Ramona Harmdierks, Malcolm Duncan Sr., Lisa Torgersen,
Chris McSwain, Malcolm Duncan Jr., Wiley Stem, Don Bland. Michelle Nemec, Carrie Kuehl,Terry Hurst
Committee Members Absent: Bill Dietz, Laura Swann and Ben Perry
Carrie Kuehl convened the meeting at 12: 01 p. m.
1. Consider and approve the February 11, 2015 summary notesApproved as presented
2. Report and discussion of the Humane Society of Central Texas adoption operationsDon Bland, Executive Director of the Humane Society of Central Texas, reported Februarylive exits was 94. 13% which is the highest percentage achieved to date. March statistics arc
below the previous month with 90.66%. Overall great numbers and the third straight month
with over 90% live exits. Committee commented on the benefits of having an on staffveterinarian,
3. Report and discussion of the City of Waco Animal Control statistics and operationsincluding update on Spay Street WacoJoel Sanchez, Animal Control Officer, reported stats remain the same. City of Waco AnimalControl provided assistance to the City of Moody with seizing 22 animals. Officer Sanchezprovided an update on staffing. Jarrod Fillip, ACO, was promoted to field supervisor. 129dogs and 38 cats were impounded for the month March; Citations were up from 30 to 91which include notices to appear. Most citations were because the animal was not in
compliance with the spay/ neuter requirement.
Wiley Stem, Assistant City Manager, recommended reviewing the Animal Ordinanceincluding establishing minimum requirements for space provided per animal and forkenneling facilities.
i
4. Report and discussion of the Waco Animal Shelter operations and budget report
Wiley Stem, Assistant City Manager, reported that the budgetary revenue was down and anexpenditure of$ 5, 965 under the Capital account was used to purchase a vent fan for the catroom.
Dr. Epps reported that operations staff meets daily to go over any concerns, updates, etc. Ithas been beneficial for all and ensures that everyone is on the same page.
Dr. Epps provided a report which indicated orange dots are being placed on kennels wherethe animal has been at the shelter over 30 days. Animals kenneled more than 30 days are
spot lighted in an effort to have those adopted. It is the goal of the shelter to have as manyanimals adopted as possible.
Signage has been placed to promote hygiene to citizens visiting and handling the animals.Hand sanitizer is placed in various areas with a sign reading," Apply- Dry-Hold". Signs
encourage visitors to apply hand sanitizer, let it dry, and then hold/handle the animal.
Dr. Epps and Mistie Gonzales, spay street volunteer, are seeking Pet Smart to acquirequalifications for a grant.
I-lB1274 is before the legislature which will give veterinarians associated with a shelter more
latitude. Veterinarians and/ or shelter staff will be exempt from the client/ patient association
responsibility.
Dr. Epps will forward 11111274 to Mr. Stem. Mr. Stem will pass it on to the City of Waco' slegislative representative to keep us abreast of the update.
5. Report and discussion of the Waco Animal Shelter Renovation project fundraisingefforts
Mayor Malcolm Duncan reported that funding is approximately 2.3K and architect RBDRwas working on the design plans for staff review... The next step is bidding for constructionwhich is anticipated to being in July
Mr. Stem also explained that potential donors may be available to help with the purchase ofthe HVAC system.
6. Report and discussion from the Waco Animal Alliance animal welfare organizations on
operations, spay/ neuter statistics, and outreach effortsMichelle Nemec, McLennan Animal Rescue Coalition, reported that a lot of community cats
are being taken to ABC instead of the shelter and expected to increase.
Fuzzy Friends is taking in more animals so they won' t have to go to the shelter.
A mega adoption event, alliance partners participated, hosted by Happy Endings, would becoming up at the end of the month. $ 10. 00 micro chipping pets was available to all inattendance, not just McLennan County.
ABC had an infographic made about leaving the litter of kittens( don' t bring litter to theshelter; leave kittens intact) once age appropriate litter may be spayed or neutered.
fi
CommCAT has signed up for a new cat colony and is still providing information via socialmedia about community cats.
Carrie, Lisa, Joel, Luis, Dr. Epps met to discuss ways to solve the large dog problem.Suggested ideas:
Staff cross training with ABC and other organizations to aid in bBoard members will review paperwork for possible trends
ACO duties to include assistance with large dogs by providing crates. etc.
Committee discussed outreach efforts for assistance from other cities.
Carrie Kuehl asked if additional information be provided at the time surrounding cities renewtheir contracts to include grants available for spay/ neutering assistance.
7. Discussion of the City of Waco Animals Ordinance, best practices for enforcement andcommunity efforts to reduce the stray animal populationWiley Stem expressed that his plans are to speak with the breeders first before revising theordinance. The definition for" running at large" will change and a kenneling section will beadded.
8. Report and discussion from veterinarian community on animal welfare issuesNo report
9. Discussion concerning annual report to the Boards and Commissions CommitteeCarrie Kuehl will forward information to the board for review.
10. Discussion between the Board and City Council liaison regarding Board activities andappointments
No report
11. Request for future agenda items and set next meeting date and time 1Wiley Stem reported that Dr. Sarah Lozano from Park Zero will visit with Dr. Epps and staffin early May to discuss and review the standard operating procedures for the facility.
Meeting adjourned at 1: 05 p.m.
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NEW: Large dog ( over 40# or expected to be) spay/ neuter 76705 ( Bellmead & Lacy- L).limited funding.
NEW: Cat spay/neuter for Mart ( 100 s/ n) and West( 100 s/ n).Free targeted spay/ neuter for cats and dogs - City of Waco and Cooper FdtnFree spay/ neuter for non- Waco pets of qualified families/ targeted animals - MRD Fund -
Free cattle dog spay/neuter targeted based on intake/euth stats - Kit' s Cattle Dogs
Expected 2015 surgical goal: 15, 100 sin ( a higher percentage of targeted/ funded s/ n)
Average fee per surgery 56.47
Actual cost to perform surgery $ 112. 84I
Annual Impact iIntake and stray reduction for rescues, shelters, city budgets at 5 unwanted animals per 3
surgery: 70,065 plus each of the 2014 spayed/ neutered animals ( 14, 013) are unlikely tofind themselves in a shelter because they are happier, healthier, and better bonded with s.their families. 2014 savings to the community (at $75 per animal) = $ 6,305, 850. i
IVote: 41. 13% of these surgeries are further subsized ( free) for qualifying, high- risk cats/dogs, or pets of
the elderly, or low- income families. The most efficient impact on lowering shelter intake is achieved byproviding surgeries for animals in targeted area households.
1
Surgeries 1992- 2014 115, 9041
it is our vision ofa community where every pet is coredfor and wanted. We work to achieve thisthrough spay/ neuter and preventive health care( especially for those that need it most), 3
and promoting lifetime, responsible pet ownership 13238 Clay Avenue Waco, Tx 76711 254- 776-7303 www.animalbirthcontrol.org 1
i
i
Animal Shelter
FY 2014-15- May 2015 Budget YTD YTD Over/Under Over/UnderFY 14- 15 Budget Actual Budget Percent
o At this time of the year we are seeing an influx of animals, primarily kittens andpuppies. Last Tuesday was the biggest intake day since I have been on staff. Theshelter took in 52 animals.
o Due to the high volume of animals we have had to euthanize more to make roomfor the intake. The euthanasia process is hard on everyone
o Several of the recent residents of the shelter have been slightly unusual such as 5rattlesnakes, Albino Bald Python, Albino Pacman frog, a Bearded Dragon, snailsand a goldfish as well as Artie Marble Fox and coyote pup.
Rattlesnakes went to the Rattlesnake Roundup group out of OglesbyStill trying to determine disposition of fox
o We are trying to combat the problem of people leaving animals at the shelterthrowing them over the fence, tying them outside or placing in a carrier andputting it on our doorstep.
o The autoclave and anesthetic machine have been repaired and calibrated. Reidel
Imaging donated their services for the repair. This saved the city $520 onautoclave repair. Repair and calibration of anesthetic machine along with various
sizes of rebreathing bags and anesthetic tubing was$ 449.o Summer has hit and it is hard to keep the kennels from getting too warm. The
puppy( G) house is air conditioned but still is quite warn. Fans are being used asmuch as possible to cool the kennels and puppy house.
o We finally found racks to hold the large hand sanitizer bottles and are havingthem installed throughout the shelter. Signs will be place with each bottle of
sanitizer that encourages the public to use the sanitizer in between playing withthe animals.
Personnel
o Daily team huddles at 10: 30. Lasts no more than 30 minutes. Give us a chance toupdate what is going on so we all start the day with the same knowledge.
o Recently the COW staff and HSCT staff attended two training sessions. Onesession on customer service and the other session on teamwork. A session on
handling difficult people is being considered for future training.o A temp employee was finally provided by Total Placement. This person lasted
only 3 days. We had a volunteer that was trying to get her observation hours toapply to the MCC Veterinary Technology program. It was suggested she talk toTotal Placement and become a temp with them. She has turned out to be a greatemployee and may apply for the full time position
o Job opening for a full time position has been posted and closes on Junel6tho Due to the influx ofanimals the staff in intake have been working to 8 PM some
nights to get all of the animals entered into the system
o Two staff members in the intake area and really need to have a third person toassist in answering the phone, answering questions, assist in owner surrenders,and aid in animal examination and vaccinations.
Yy3R
o We currently have a 2"d
year veterinary technology student doing her externshipwith us and she has been a great help. She also works at ABC clinic and knowshow to work quickly and accurately. She and I neutered 4 cats in 30 minutes lastweek. She has really been a great help to me as well as assisting in intake.
o We have 8 MCC veterinary technology students at the shelter on Tuesday andWednesday afternoon doing physical examinations, taking fecal and bloodsamples on the shelter animals. The samples are taken back to school to be tested
in their clinical pathology class at MCC. I have encouraged all of them to gothrough volunteer training with the Humane Society and then work in intake,assist in any veterinary procedures and help in the routine medical care of theanimals.
Medical
o Due to concern with ticks we have started applying Activyl®, a flea and tick
monthly spot on treatment, instead of spraying them with Adams or Frontline.Activyl® results in a greater expense per animal. The Adams® and Frontline:
spray, while effective, was not being applied properly and we were finding liveticks on animals in the cages and the runs after they had been treated in intake.With Frontline spray the animal must receive 1- 2 pumps per pound making surethe animal' s coat was wet from the spray. Many animals were scared of the sprayapplied during intake and they became difficult to handle and spray
o All animals are initially vaccinated upon entering the shelter and we are trying tomake sure all animals receive a 2" d DHPP vaccine 2 weeks later and all puppiesreceive a DHPP vaccine every 2 weeks until 4 months old. We are also trying tomake sure all animals receive a 2"
d
deworming 2 weeks after the initialdeworming.
o Respiratory infection continues to be a problem among kennel dogso Seeing cases of vomiting and diarrhea with a negative Parvo test and responding
to fluids given subcutaneously, drugs to stop vomiting and antibiotics.o We want to start Heartworm preventative on all animals once they enter shelter.
The Austin shelter gives all dogs a Heartguard® upon entry. This would takecare of hookworms. roundworms, and act as a heartworm preventative. We are
investigating the cost.
1
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Fitul JUN 16 2015J.A."ANDY HARWELL,County Clock
McLennan County, Texas
By: KELLY FUI.LBRIGHT DEPUTY
1
ORDER APPROVING:
RATIFICATION OF PURCHASE/
DESIGNATION OF AUTHORIZED PURCHASER:
MAINTENANCE OF EQUIPMENT: RATIFICATION OF
EXPENDITURES( FREDDY' S AUTO GLASS& MILLER, INC)
On this the 16 day of June, 2015, came on for consideration the matter of Ratification of Purchase
Designation of Authorized Purchaser: Maintenance of Equipment: Ratification of Expenditures
Freddy' s Auto Glass & Miller, Inc). Commissioner Perry made a motion to approve and it was
seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was
Judge Felton, Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is ordered
by the Court that said Ratification of Purchase/ Designation of Authorized Purchaser is, and the
same is hereby, approved by unanimous vote.
r it
A ,Y ni,
Wf lE N NA1.41___ oilmi- - ' C CipilU Ni , 1%.
09-
1574-7 ".,iR' fin
IAM-00.1rex AS1Ui. 1 0 9 2615
Wayne Canaday f ,( ,, r,.
Director Radio Shop623 Washington Ave.
Waco, Texas 76701
Date: June 8, 2015
To: Commissioner' s Court
Re: Ratification P.O. 20154111
Commissioner' s Court
Request ratification of Freddy' s Auto Glass purchase order 20154111 dated June 4, 2015for window tinting amount of$75.00.
Thank You
Wayne Canaday
APPROVED BY OOMMM88 OIIERS COURTI .. YOF 1i . 20
7 d •--5
1o
McLennan County Purchasing Purchase Order214 North 5th StreetWaco, TX 76701 Fiscal Year 2015 Page 1 of 1Phone. 254- 757-5016Fax 254- 757-5068 THIS NUMBER MUST APPEAR ON ALL INVOICES.
PACKAGES AND SHIPPING PAPERS.
B i Purchase 20154111- 00I i Accounts Payable Order ti
L I McLennan County- AuditorsL 1 214 North 4th Street, Ste 100
T Waco TX 76701- 1366 Delivery must be made withinO1
doors of specified destination.
FREDDY'S AUTO GLASS & MIRROR INC S i MAINTENANCE OF EQUIPMENTE 4301 FRANKLIN AVENUE H i MCLENNAN COUNTY
N WACO TX 76710I 623 WASHINGTON AVE
DP
WACO TX 76701O TR 01 PO Buyer: Garett Bowdoin
Vendor Phone Number . Vendor Fax Number Requisition Number ' Delivery Reference
817- 752- 1506 15004294
Date.Ordered Vendor Number. Date Required Freight Method/Terms Department/Lgcation
06/08/2015 102495 Maintenance of Equipment
Item# Description/ Part No. Qty . UOM Unit Price Extended Price
Window Tint UNIT 151
The Above Purchase Order Number Must Appear On AllCorrespondence - Packing Sheets And Bills Of Lading
Tax Identification Number 74- 6002492
1 Window Tint UNIT 151 1. 0 Each 75 000 75 00
001- 10- 05-0120-601111- 75.00
001- 10-05-0120-601111- 75.00
A
ByDirector of Purchasing
VENDOR COPY PO Tatat 75. 00
Freddy' s Auto Glass & Mirror Inc. INVOICE NUMBER
4301 Franklin Avenue DAIS 6/4/ 2015Waco, TX 76710
RLFERF.NCE a Wrk: 1977a
254) 752 - 1506 Fax: ( 254) 754 - 8184TAX ID NUMBER 742443585
2: 40PMACCOUNT CUSTOMER TAX ID NUMBER PO NUMBER INSTAI. I DATE
INSI AI.I. ED BY
SAI ES art' TERMS Net 30
BILL TOSOI D 10
Mclennan County Attn: JEFF AGUIRRE ! iri
Attn: WAYNE
623 WASHINGTON AVE
Waco. TX 76701
W: 254 757-5190 F: 254 757- 5290 H: 254 759-7570
Insurance Information
AGENT VERIIIFD BY DISPATCH tr.
POLICY NUMBER
CI AIM NUMBER
CAUSE01- LOSS
DA fE OF LOSS DEDUCTIBLE
Vehicle Information
MAKE CIIEVROLET MODEI. TAIIOE YEAR 2015BODY 4 DOOR U I II. ITY VIN ODOMETER
STOCK A R O. t7 UNIT d 151 LICENSE
Qnty• Part Number Hours Labor Adhesive • List Price Net Price Line Total
Subtotal 75.00Il)ank You!!! Elmo Sales"' as 4 0.0000% 0.00
Customer Signature: Amount Due: $ 75.00 Invoice Total 75.00
I hereby authome the dyer Ryan rorl to he done along roll the necessan mammal and berths grant sou and or sour employees perrrnast n to operate the vehde herein dexnbd on WWI. highways. and else: here for thepurpose of tugecnon testing. and peel- up dsin ce tome AN f\ PRESS MrCI PANICS LILY n hod+)aclnorkdged on the abosc vrinde to Waif the amount of repasts Ihereto Not respormhie for loss or damage to sthrckor articles thereto tic causes be, ord our control REPLACI Sll NT IIAS BEEN MADE TO MY SATISFACTION AND I I IrRrfly ASSIGN SL(' ll PROCEEDS AS MAY BE REQUIRED TO SATISFY AI I AMOUNTSDUI AND MINA, TO TIII AIIOYI NAMED CO%WAN\ FOR SAID INSTALLATION IF FOR ANY REASON TOE INSURANCI COMPANY DOES NOT PAY FOR THESE RFPAIRSREPLACEMI NTS. THEMUD I SIG\ ED AGRLLS TO PAY FOR SAID RrPAIRSREPI A( l•Mr\ TS
Fism JUDO 16 2015JA"ANDY HARWELL,County Cm*
McLennan County, TexasBy: KELLY FULLS IGHT DEPUTY
REMAINS LIFTED:
AUTHORIZATION RE: BURN BAN IN THE UNINCORPORATED AREAS
RE: THE MCLENNAN COUNTY BURN BAN
On this the 16 day of June, 2015, came on for consideration the matter Regarding the McLennan
County Burn Ban: Authorization re: Burn Ban in the Unincorporated Areas. Commissioner Perry
made a motion to keep the burn ban lifted and it seconded by and Commissioner Snell. A vote
being called for, voting in favor of said motion was Judge Felton, Commissioner Snell,
Commissioner Gibson and Commissioner Perry. It is ordered by the Court that said
Authorizations re: Burn Ban in the Unincorporated Areas of McLennan County be, and the same
is hereby, approved unanimous vote.
ORDER APPROVING AUTHORIZATION OF TAX RESALE DEEDS:
MCAD# 280290000077000& 280290000078006, LOTS 28, 29& 30, LINCOLN
PARK ADDITION, CITY OF WACO, MCLENNAN COUNTY, TEXAS
MCAD# 280290000081006: LOTS 35& 36 A, BLOCK 4, LINCOLN
PARK ADDITION, CITY OF WACO, MCLENNAN COUNTY, TEXAS
MCAD# 280290000074000: LOTS 23, 24,& 25, BLOCK 4, LINCOLN
PARK ADDITION, CITY OF WACO, MCLENNAN COUNTY, TEXAS
On this the 16 day of June, 2015, upon motion made by Commissioner Perry to authorize the Tax
ReSale Deeds and seconded by Commissioner Snell. A vote being called for, voting in favor of
said motion was Judge Felton, Commissioner Snell, Commissioner Gibson and Commissioner
Perry. It is ordered by the Court that said Tax ReSale Deeds, City of Waco, and McLennan
Park Addition, City of Waco, McLennan County, Texas
be, and the same are hereby, approved and the County Judge is so authorized to execute same on
behalf of McLennan County.
LINEBARGER GOGGAN BLAIR& SAMPSON, LLPATTORNEYS AT LAW
400 Austin Avenue- Suite 105
Waco, Texas 76701
254/ 756- 6609
June 8, 2015
Honorable Scott Felton
County JudgeMcLennan County CourthouseWaco, Texas 76701
Re: Request for Approval to Sell Properties by City of Waco
Dear Judge Felton:
The City of Waco is seeking approval by McLennan County to sell the following propertieslisted on Schedule A attached.
These properties were foreclosed on by the City of Waco for delinquent taxes and have been onthe non- taxable roll. The City of Waco and LaVega Independent School District have alreadyapproved said sales.
We would appreciate these re- sales being placed on the agenda for Commissioner' s Court,Tuesday, June 16, 2015.
If any additional information is needed, please let me know.
Thank you.
Sincerely,
IJ e Battenfiel.
JB/ mb
Schedule A"
Cause # 2012-4621- 4; LaVega ISD v. Dorothy Evelyn, et alProperty Address: 611 Booker( Lots 28, 29 & 30, Lincoln Park Addition)
Account # 280290000077000 & 280290000078006
Cause # 2012- 3029-4; LaVega ISD v. Earl Holmes
Property Address: 623 Booker Street( Lots 35 & 36 A, Block 4, Lincoln Park Addition)
Account# 280290000081006
Cause# 2013- 203- 4; LaVega ISD v. John Joe Holloway, Sr.Property Address: 605 Booker Street ( Lots 23, 24 & 25, Block 4, Lincoln Park Addition)
Account# 280290000074000
010 5-alt:
TAX RESALE DEEDLA- 1- IS"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAYREMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENTTHAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD INTHE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER' S LICENSENUMBER.
DATE: may / 2015
GRANTOR: City of Waco, Trustee for itself, LaVega Independent School District, County of McLennan
GRANTEE: Zach Maxwell
GRANTEE' S MAILING ADDRESS: 1389 Downsville Road, Apt. A, Waco, Texas 76706
CONSIDERATION: One Thousand One Hundred Thirty-Three and 00/100 Dollars ($1, 133.00)
PROPERTY: Lots 28, 29 & 30, Block 4, Lincoln Park Addition, City of Waco, McLennan County, Texas beingthat property acquired by GRANTOR in Constable' s Deed recorded in MCC # 2013037432, of the OfficialPublic Records, McLennan County, TexasProperty Addresses: 611 Booker Street, City of Waco, Texas
TAX LAWSUIT: Cause No. 2012-4621- 4; LaVega Independent School District v. Dorothy Evelyn, et al
GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from andexceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, the receipt andsufficiency of which are acknowledged by GRANTOR, has GRANTED, SOLD AND CONVEYED, and bythese presents does GRANT, SELL, AND CONVEY to the GRANTEE all of the right, title and interest, ofGRANTOR in the PROPERTY acquired by the tax sale held under the TAX LAWSUIT referenced above.
TO HAVE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the said
GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that neither theGRANTOR, nor any person claiming under it and them, shall at any time hereafter have, claim or demand anyright or title to the PROPERTY, premises or appurtenances, or any part thereof.
GRANTOR excludes and excepts any warranties, express or implied, regarding the PROPERTY, including,without limitation, any warranties arising by common law or Section 5. 023 of the Texas Property Code or itssuccessor.
GRANTOR has not made, and does not make, any representations, warranties or covenants of any kind orcharacter whatsoever, whether express or implied with respect to the quality or condition of the PROPERTY,the suitability of the PROPERTY for any and all activities and uses which GRANTEE may conduct thereon,compliance by the PROPERTY with any laws, rules, ordinances or regulations of any applicable governmentalauthority or habitability, merchantability or fitness for a particular purpose, and specifically, GRANTOR doesnot make any representations regarding hazardous waste, as defined by the Texas Solid Waste Disposal Act andthe regulations adopted thereunder, or the U. S. Environmental Protection Agency regulations, or the disposalof any hazardous or toxic substances in or on the PROPERTY.
The PROPERTY is hereby sold, transferred, and assigned to GRANTEE "as is" and " with all faults".
This conveyance is expressly made subject to property taxes for the tax year 2015 and subsequent years.
This conveyance is expressly subject to any existing right of redemption remaining to the former owner ofthe PROPERTY under the provisions of law.
This conveyance is expressly subject to all easements and restrictions of record.
When the context requires, singular nouns and pronouns include the plural.
IN TESTIMONY WHEREOF, GRANTOR, pursuant to Section 34.05 of the Texas Property Tax Code, hascaused these presents to be executed on the date set forth in the acknowledgement attached hereto, to beeffective as of DATE.
CITY OF WACO
0 OF I4 ---_N --
BY: e
r
Dale • seler, P. E.
S City ManagerTEXAS
ATTEST: APPROVED AS TO FORM AND LEGALITY:
017 faDia V-111d2,)/
City Secretary Jennifer Richi- City Attorney
THE STATE OF TEXAS
COUNTY OF MCLENNAN
BEFORE ME, the undersigned authority, on this day personally appeared Dale Fisseler, P. E., City Managerof the City of Waco, known to me to be the person whose name is subscribed to the foregoing document, andacknowledged to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1- 14) day of
al2014.
Notary Pu lic, to of Texas
ft.10 JUDY A. POWELL 1t:* ; Notary Public
STATE OF TEXASMy Comm. Exp. July 31, 2017
LaVEGA INDEPENDENT SCHOOL DISTRICT
BY: Pmagma / President
Board of T stees
THE STATE OF TEXAS
COUNTY OF MCLENNAN
BEFORE ME, the undersigned authority, on this day personally appeared yl DP oyskt ,President of the School Board of LaVega Independent School District, known to me to be the person whoe
name is subscribed to the foregoing document, and acknowledged to me that he executed the same for thepurposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 19+ k, day of
A 2015.
eje,r LORI MYNARCIK Notary Public, to of Texasa r
1!.`''.t• Notary Public, Slate d Maas '
y,+ i;a, FEBRUARY 20, 2016
COUNTY OF MCLENNAN, TEXAS
BY:, 2e,41&) ) l'J. cieleen/ 1
Scott M. Felton, County Judge
THE STATE OF TEXAS
COUNTY OF MCLENNAN
BEFORE ME, the undersigned authority, on this day personally appeared Scott M. Felton, County Judge ofthe County of McLennan, Texas, known to me to be the person whose name is subscribed to the foregoingdocument, and acknowledged to me that he executed the same for the purposes and consideration thereinexpressed.
GIVEN. DER MY HAND AND SEAL • OFFICE this theIts
day of
J( MG 2015.
Notary Publ , State ! Texas
After Recording, Return To:McCreary Law Firm a
P Y,,. 0c„ P C i N C t' Et iJ
t_ Notary Public, State of Texas '
P.O. Box 1669 Nlk = My Commission Expires
Waco, Texas 76703- 1669 TfOFS p OCTOBER 12, 2015
DISTRIBUTION OF TAX RESALE PROCEEDS
CAUSE NO. 2012-4621- 4
STYLE LaVega ISD v. Dorothy Evelyn, et al
ACCOUNT NO. a,80290000077-0004_21102B000007800-67STREET ADDRESS 611 Booker Street
PROPERTY DESC. Lots 28, 29& 30 Block 4, Lincoln Park Addition
DATE OF SALE 4/ 13/ 15
PURCHASER Zach Maxwell
PURCHASE PRICE 1, 133.00
COURT COSTS Payable to McLennan County District Clerk 0.00
PUBLICATION COSTS Payable to McCreary Law Firm 215.00
CONSTABLE' S FEES Payable to Walt Strickland, Constable, Pct. 1 60.00
WACO MUNICIPAL LIENS Payable to City of Waco 138.80
NET SALE PROCEEDS 719 20
DISTRIBUTION TO T. U. Taxes Due Percent Sale Proceeds
CL. G`ai a ty • 51. 45% 370 00
City of Waco 207.90 18. 63% 134. 02
La Vega ISD 333.81 29 92% 215. 18
CED 0 00 0. 00% 0. 00
0. 00% 0. 00
0. 00% 0. 00
1. 00_
TOTAL TAXES 1, 115.69 Payable to Tax Office 719. 20
CITY OF WACO TO RETAIN
City of Waco Municipal Lien Amount 138 80
PLEASE MAKE CHECKS PAYABLE AS FOLLOWS:
McLennan County District Clerk 0. 00
McCreary Law Firm 215. 00
Walt Strickland, Constable, Pct. 1 60. 00
McLennan County Tax Office 719.20
PLEASE FORWARD CHECKS TO
McCREARY LAW FIRM, P O. BOX 1669, WACO, TEXAS 76703- 1669
JUN 162015
JA"ANDY HARWELL, County ClockM^.Lennan County, Texas
By: KELLY FULLBPIGHT DEPUTY
40t - arl
TAX RESALE DEEDi5
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAYREMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENTTHAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD INTHE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER' S LICENSENUMBER.
DATE: rYlAy / 2015
GRANTOR: City of Waco, Trustee for itself, LaVega Independent School District, County of McLennanGRANTEE: Zach Maxwell
GRANTEE' S MAILING ADDRESS: 1389 Downsville Road, Apt. A, Waco, Texas 76706
CONSIDERATION: One Thousand One Hundred Ninety-Three and 00/100 Dollars ($1, 193. 00)
PROPERTY: Lots 35 & 36 A, Block 4, Lincoln Park Addition, City of Waco, McLennan County, Texas beingthat property acquired by GRANTOR in Constable' s Deed recorded in MCC # 2013020151, of the OfficialPublic Records, McLennan County, TexasProperty Addresses: 623 Booker Street, City of Waco, Texas
TAX LAWSUIT: Cause No. 2012- 3029-4; LaVega Independent School District v. Earl Holmes, et al
GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from andexceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, the receipt andsufficiency of which are acknowledged by GRANTOR, has GRANTED, SOLD AND CONVEYED, and bythese presents does GRANT, SELL, AND CONVEY to the GRANTEE all of the right, title and interest, ofGRANTOR in the PROPERTY acquired by the tax sale held under the TAX LAWSUIT referenced above.
TO HAVE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the saidGRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that neither theGRANTOR, nor any person claiming under it and them, shall at any time hereafter have, claim or demand anyright or title to the PROPERTY, premises or appurtenances, or any part thereof.
GRANTOR excludes and excepts any warranties, express or implied, regarding the PROPERTY, including,without limitation, any warranties arising by common law or Section 5. 023 of the Texas Property Code or itssuccessor.
GRANTOR has not made, and does not make, any representations, warranties or covenants of any kind orcharacter whatsoever, whether express or implied with respect to the quality or condition of the PROPERTY,the suitability of the PROPERTY for any and all activities and uses which GRANTEE may conduct thereon,compliance by the PROPERTY with any laws, rules, ordinances or regulations of any applicable governmentalauthority or habitability, merchantability or fitness for a particular purpose, and specifically, GRANTOR doesnot make any representations regarding hazardous waste, as defined by the Texas Solid Waste Disposal Act andthe regulations adopted thereunder, or the U. S. Environmental Protection Agency regulations, or the disposalof any hazardous or toxic substances in or on the PROPERTY.
The PROPERTY is hereby sold, transferred, and assigned to GRANTEE "as is" and " with all faults".
This conveyance is expressly made subject to property taxes for the tax year 2015 and subsequent years.
This conveyance is expressly subject to any existing right of redemption remaining to the former owner ofthe PROPERTY under the provisions of law.
This conveyance is expressly subject to all easements and restrictions of record.
When the context requires, singular nouns and pronouns include the plural.
IN TESTIMONY WHEREOF, GRANTOR, pursuant to Section 34.05 of the Texas Property Tax Code, hascaused these presents to be executed on the date set forth in the acknowledgement attached hereto, to beeffective as of DATE.
CITY OF WACO
01 1 OP
q0OBY:
Dale Fisseler, P.E.
XAS City Manager
ATTEST: APPROVED AS TO FORM AND LEGALITY:
zicb,) 4ity Secretary Jennifer lc •- C•ty Attorney
THE STATE OF TEXAS
COUNTY OF MCLENNAN
BEFORE ME, the undersigned authority, on this day personally appeared Dale Fisseler, P.E., City Managerof the City of Waco, known to me to be the person whose name is subscribed to the foregoing document, andacknowledged to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the t '1 day of
2014.
Quda. PzNotary P lic, Wate of Texas
UUA. POLL.
Notary Public0rf
y STATE OF TEXASMy Comm. Exp. July 31, 2017
LaVEGA INDEPENDENT SCHOOL DISTRICT
BY: La111/#1 /^rrnrI President
Board oft stees
THE STATE OF TEXAS
COUNTY OF MCLENNAN
BEFORE ME, the undersigned authority, on this day personally appeared beVOrst ,President of the School Board of LaVega Independent School District, known to me to be he person wlbsename is subscribed to the foregoing document, and acknowledged to me that he executed the same for thepurposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 11 f'k, day of
b 2015.
6.01.:141., LORI MYNARCIK 0UI 1 'j; Notary Public, State o exas
iN rIFEBRUARY 20, 2016 '
COUNTY OF MCLENNAN, TEXAS
BY
Scott M. Felton, County Judge
THE STATE OF TEXAS
COUNTY OF MCLENNAN
BEFORE ME, the undersigned authority, on this day personally appeared Scott M. Felton, County Judge ofthe County of McLennan, Texas, known to me to be the person whose name is subscribed to the foregoingdocument, and acknowledged to me that he executed the same for the purposes and consideration thereinexpressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the j(J day of
JuAat5 2015.
gt),/7i
0 1
Notary ' ublic, " tate of exas
After Recording, Return To a,,,,,, , PF',; AN COPELAND
McCreary Law Firm Ik*. /1__.**:.'''', No ary Public State of Texas
P.O. Box 1669 7.,,,,,,%. i; vy;= r i commission Expires I
SFO,, ;, OCT06ER 12, 2015Waco, Texas 76703- 1669
DISTRIBUTION OF TAX RESALE PROCEEDS
CAUSE NO. 2012- 3029-4
STYLE La Vega ISD v. Earl Holmes, et at
ACCOUNT NO.
STREET ADDRESS 623 Booker StreetPROPERTY DESC. Lots 35& 36, Block 4, Lincoln Park Addition
DATE OF SALE 4/ 13/ 15
PURCHASER Zach Maxwell
PURCHASE PRICE 1, 193.00COURT COSTS Payable to McLennan County District Clerk 764.20
PUBLICATION COSTS Payable to McCreary Law Firm 215.00
CONSTABLE' S FEES Payable to Walt Strickland, Constable, Pct. 1 0. 00
WACO MUNICIPAL LIENS Payable to City of Waco 213.80
NET SALE PROCEEDS 0. 00
DISTRIBUTION TO T.U. Taxes Due Percent Sale Proceeds
ty_ t59.92' ? 20.40% 0. 00
City of Waco 206.62 26 36% 0 00
LaVega ISD 417.42 53. 25% 0. 00
CED 0.00 0. 00% 0. 00
0. 00% 0. 00
0. 00% 0 00
1. 00
TOTAL TAXES 783.96 Payable to Tax Office 0.00
CITY OF WACO TO RETAIN:
City of Waco Municipal Lien Amount 213 80
PLEASE MAKE CHECKS PAYABLE AS FOLLOWS:
McLennan County District Clerk 764.20
McCreary Law Firm 215.00
Walt Strickland, Constable, Pct. 1 0.00
McLennan County Tax Office 0.00
PLEASE FORWARD CHECKS TO
McCREARY LAW FIRM, P 0 BOX 1669, WACO, TEXAS 76703- 1669
Wagg IJUN162015
J.A."ANDY HARWEU.,CountyMtM^.Lennan County, Texas
By: KELLY FULLIPIGHT DEPUTY
@Ott- X15TAX RESALE DEED y-- 1- 1 s
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAYREMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENTTHAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD INTHE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER' S LICENSENUMBER.
DATE: m a 2015
GRANTOR: City of Waco, Trustee for itself, LaVega Independent School District, County of McLennanGRANTEE: Zach Maxwell
GRANTEE' S MAILING ADDRESS: 1389 Downsville Road, Apt A, Waco, Texas 76706
CONSIDERATION: One Thousand One Hundred Thirty-Three and 00/ 100 Dollars ($1, 133. 00)
PROPERTY: Lot 23, 24 and 25, Block 4, Lincoln Park Addition, City of Waco, McLennan County, Texasbeing that property acquired by GRANTOR in Constable' s Deed recorded in MCC# 2013037439, ofthe OfficialPublic Records, McLennan County, TexasProperty Addresses: 605 Booker Street, City of Waco, Texas
TAX LAWSUIT: Cause No. 2013- 203- 4; LaVega Independent School District v. John Joe Holloway, Sr. et al
GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from andexceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, the receipt andsufficiency of which are acknowledged by GRANTOR, has GRANTED, SOLD AND CONVEYED, and bythese presents does GRANT, SELL, AND CONVEY to the GRANTEE all of the right, title and interest, ofGRANTOR in the PROPERTY acquired by the tax sale held under the TAX LAWSUIT referenced above.
TO HAVE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the saidGRANTEE, the GRANTEE' S successors and assigns forever without warranty of any kind, so that neither theGRANTOR, nor any person claiming under it and them, shall at any time hereafter have, claim or demand anyright or title to the PROPERTY, premises or appurtenances, or any part thereof.
GRANTOR excludes and excepts any warranties, express or implied, regarding the PROPERTY, including,without limitation, any warranties arising by common law or Section 5. 023 of the Texas Property Code or itssuccessor.
GRANTOR has not made, and does not make, any representations, warranties or covenants of any kind orcharacter whatsoever, whether express or implied with respect to the quality or condition of the PROPERTY,the suitability of the PROPERTY for any and all activities and uses which GRANTEE may conduct thereon,compliance by the PROPERTY with any laws, rules, ordinances or regulations of any applicable governmentalauthority or habitability, merchantability or fitness for a particular purpose, and specifically, GRANTOR doesnot make any representations regarding hazardous waste, as defined by the Texas Solid Waste Disposal Act andthe regulations adopted thereunder, or the U. S. Environmental Protection Agency regulations, or the disposalof any hazardous or toxic substances in or on the PROPERTY.
The PROPERTY is hereby sold, transferred, and assigned to GRANTEE " as is" and " with all faults".
This conveyance is expressly made subject to property taxes for the tax year 2015 and subsequent years.
This conveyance is expressly subject to any existing right of redemption remaining to the former owner ofthe PROPERTY under the provisions of law.
This conveyance is expressly subject to all easements and restrictions of record.
When the context requires, singular nouns and pronouns include the plural.
IN TESTIMONY WHEREOF, GRANTOR, pursuant to Section 34.05 of the Texas Property Tax Code, hascaused these presents to be executed on the date set forth in the acknowledgement attached hereto, to beeffective as of DATE.
CITY OF WACO
itf
0Y Op I,. BY:
I
qO Dale Fisseler, P.E.
City Manager
XASATTEST: APPROVED • S TO FORM AND LEGALITY:
City Secretary Jennifer Rich 7 City Attorney
THE STATE OF TEXAS
COUNTY OF MCLENNAN
BEFORE ME, the undersigned authority, on this day personally appeared Dale Fisseler, P.E., City Managerof the City of Waco, known to me to be the person whose name is subscribed to the foregoing document, andacknowledged to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the y44, day of
Ma00
2014.
nQ, 4Welk
Notary Pu is S to of TexasJUDY A. POWELi. _.i
4* I,: Notary Publict.! of ,"
STATE OF TEXA;My Comm. Exp. July 31, 2o t/ i
LaVEGA INDEPENDENT SCHOOL DISTRICT
BY: pcc'izviiF eiv esident
Boar of Tru- ees yTHE STATE OF TEXAS
COUNTY OF MCLENNAN
BEFORE ME, the undersigned authority, on this day personally appeared 1Wvat 4)24jc)rck.t/ ,President of the School Board of LaVega Independent School District, known to me to b4 the person whosename is subscribed to the foregoing document, and acknowledged to me that he executed the same for thepurposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the M' day of
v(L(, 2015.
a1114, LORI MYNtRCI
IK est
r Notaryexas Notary Pu lic, Stat fTexas
My Cantu ^ EXPYes
4FEBRUARY 20, 2016
COUNTY OF MCLENNAN, TEXAS
BY: / ; 71) I? c46g)1
Scott . Felton, County Judge
THE STATE OF TEXAS
COUNTY OF MCLENNAN
BEFORE ME, the undersigned authority, on this day personally appeared Scott M. Felton, County Judge ofthe County of McLennan, Texas, known to me to be the person whose name is subscribed to the foregoingdocument, and acknowledged to me that he executed the same for the purposes and consideration thereinexpressed.
GIVEN UNDER MY HAND AND SEAL 0 OFFICE this the 1( 12 day of
1116 2015.
d / - Jr"-
Notary Public, it tate of exas
After Recording, Return To: REGAN COPELANDd pRY•P.,
McCreary Law FirmNotary State of Texas
P.O. Box 1669Waco, Texas 76703- 1669 I N'
T'" `'y' My Commission Expires i
EOFS• TP OCTOBER 12, 2015
DISTRIBUTION OF TAX RESALE PROCEEDS
CAUSE NO. 2013-203-4
STYLE La Vega ISD v John Joe Holloway, Sr.
ACCOUNT NO. 80290006O 408-'-
STREET ADDRESS 605 Booker reef°`
PROPERTY DESC. Lots 23 24& 25, Block 4, Lincoln Park Addition
DATE OF SALE 4/ 13/ 15
PURCHASER Zach Maxwell
PURCHASE PRICE 1, 133.00
COURT COSTS Payable to McLennan County District Clerk 779.20
PUBLICATION COSTS Payable to McCreary Law Firm 215.00
CONSTABLE' S FEES Payable to Walt Strickland, Constable, Pct. 1 0. 00
WACO MUNICIPAL LIENS Payable to City of Waco 138.80NET SALE PROCEEDS 0.00
DISTRIBUTION TO T.U. Taxes Due Percent Sale Proceeds
arir!rc-4
21. 53% 0. 00
City of Waco 1, 079.41 26.52% 0.00
LaVega ISD 2, 114. 43 51. 95% 0. 00
CED 0. 00 0. 00% 0.00
0. 00% 0.00
0. 00% 0. 00
1. 00
TOTAL TAXES 4,070. 36 Payable to Tax Office 0.00
CITY OF WACO TO RETAIN:
City of Waco Municipal Lien Amount 138 80
PLEASE MAKE CHECKS PAYABLE AS FOLLOWS:
McLennan County District Clerk 779 20
McCreary Law Firm 215.00
Walt Strickland, Constable, Pct. 1 0. 00
McLennan County Tax Office 0.00
PLEASE FORWARD CHECKS TO
McCREARY LAW FIRM, P. O. BOX 1669, WACO, TEXAS 76703- 1669
JUN 16 2015JA"ANDY HARWELL, County Cloth
Masnnan County, TamaBy.,fELLY FUL L! IktGHT DEPUTY
AGENDA: JUNE 16, 2015
III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
L. CONSENT AGENDA ITEMS:
6. Acceptance/ Non Acceptance ofOfficials/ County Department Head/ Staff/Organization Reports/ Updates; Policy Recommendations; Reports relativeto County Contracts/ Agreements/ Programs; Recording ofEducational orInsurance Certificates/ Awards/ Bonds/ Recording ofConflict DisclosureStatements, Presentations to the Court
a. County Auditor: Monthly Activity Report, May 2015 Approved
c. Maintenance of Equipment: Monthly Activity Reports, May 2015 Approved
d. Archives: Quarterly Activity Report, March- May 2015 Approved
e. Juvenile Probation: Monthly Activity Reports, May 2015 Approved
f. Health Benefits Plan Manager: Monthly Activity Report, April - May 2015 Approved
7. Commissioners Court, discussion on, consideration of and/ or Action on:
c. Regarding County Board Appointments: Authorization of Appointment Approved
to the Reinvestment Zone Number One East, City of Lorena Board of Directors
CD-337, 10: 06
ORDER ACCEPTING:
MONTHLY FINANCIAL REPORT, MAY 2015
RE: COUNTY AUDITOR
On this the 16 day of June, 2015, came on for consideration the matter of County Auditor: Monthly
Financial Report, May 2015. After discussion, Commissioner Perry made a motion to approve and it was
seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge
Felton, Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is ordered by the Court
that said Report be, and the same is hereby, accepted by unanimous vote.
See County Clerk' s Officefor Copy ofMonthlyFinancial Report dated May 31, 201 5)
MCLENNAN COUNTY, TEXAS
FINANCIAL REPORT
MAY 31 , 2015
N '•
w
ACCEPTED BY
J Ot r-
PREPARED BY FILECt JUN 1 6 2015STAN CHAMBERS,CPA
COUNTY AUDITOR JA"ANDY HARINELL, County CyigMcLennan County, Texas
By: KELLY FULLBPIGHT DEPUTY
ORDER ACCEPTING:
MONTHLY ACTIVITY REPORTS, MAY 2015
RE: MAINTENANCE OF EQUIPMENT
On this the 16 day of June, 2015, came on for consideration the matter of Maintenance of Equipment:
Monthly Activity Reports, May 2015. After discussion, Commissioner Perry made a motion to approve
for recording purposes and it was seconded by Commissioner Snell. A vote being called for, voting in
favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson and Commissioner
Perry. It is ordered by the Court that said Reports be, and the same are hereby, accepted by unanimous
vote.
Elmrif
Ao Tq xti .-; i.
l1f C*• Fes€ + _
WCATEXAS
Wayne Canaday4
Director Radio Shop623 Washington Ave.
Waco, Texas 76701 21111 O J O,
PcLEM AN faMAY 2015 JUDGE
MAINTENANCE OF EQUIPMENT
ACTIVITY REPORT FOR MAY 2015
TO COMMISSIONERS COURT:
Bench Repair 35
Field 42
Install 21
Strip( Equipment Removal) 26
Special Project 1
Total 125
Signs Made 67
Automotive Service and Repair 101 ( Work Orders)
Month of May 2015
FY- 16 Budget
Annual Generator Test Lorena Tower
Prepared Vehicles and equipment for auction
Special Project: Lighting Strike on Lorena Tower, Air Navigation Lights FailedRepairs completed
After hour calls: May 8, 2015 Friday5: 30 p.m. to 7:00 p.m.Lighting Strike Lorena Radio Tower
May 16, 2015 Saturday2:30 p.m. to 4:00 p.m.C- Wing Door Control Problem
After Hours Call Continued: May 17, 2015 Sunday3: 00 p.m. to 4: 30 p.m.Jail Van Broke Down
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1e- EREftERER
ER• ERERERER
ORDER ACCEPTING:
MONTHLY ACTIVITY REPORT, APRIL- MAY 2015
RE: HEALTH BENEFITS PLAN MANAGER
On this the 16 day of June, 2015, came on for consideration the matter of Health Benefits Plan Manager:
Monthly Activity Report, April - May 2015. After discussion, Commissioner Perry made a motion to
approve and it was seconded by Commissioner Snell. A vote being called for, voting in favor of said
motion was Judge Felton, Commissioner Snell, Commissioner Gibson and Commissioner Perry. It is
ordered by the Court that said Report be, and the same is hereby, accepted by unanimous vote.
TO: McLennan County Commissioners Court
DATE: June 9, 2015
FROM: RoseMary Mayes, Health Plan Manager
RE: Status Report— McLennan County Employee Health Plan
Report for April & May, 2015
Since the first of the year McLennan County Health Plan members complained about theCustomer Service number they were calling regarding their health plan issues and questions.These complaints continued and escalated in March and early April. In a meeting with S& Wofficials, it was determined that indeed Customer Service calls were not being answered, due toan abundance of callers signing up for the ACA. Since McLennan County had a backlog ofunanswered questions, S& W provided an onsite representative once a week from mid-April
through the end of May. If we see a need, the S& W representative may return in the future.
On site Step Up- Scale Down classes began March12th
and ended May28th.
This nutrition class
is taught by AgriLife. The classes began with 17 employees participating in the weekly sessionsand ended with 12 employees completing the course. With enough interested participants,AgriLife is willing to teach the course on site for McLennan County employees again this fall.
Competition and an incentive were great motivators for the successful Walk across Texas
program. The program which encourages walking, presented county wide by Agri Life kickedoff on March
17th.
McLennan County participated with two teams— the Fabulous Divas and the
Walkie Talkies, and one single walker. Miles were reported weekly. Walk across Texas endedMay
19th.
McLennan County' s team— Fabulous Divas— came in second place county wide andfirst place for the McLennan County employee' s competition. We hope to encourage moreteams to participate next year.
We continue to research providers who can provide medical services at a cost effective rate for
the County and the employees. The Treat N Go Clinic reports they are seeing more of theCounty employees— our employees have completed very satisfactory surveys for Treat N Go.Employees were notified that a second Providence Express Care has opened on Lake Shore
Drive— both the Providence Express Care locations accept the McLennan County insurance.Premier Urgent Care and Premier ER are now in network for employees.
Current activities include the renewal of the McLennan County Health Plan. More changes inthe Affordable Healthcare Act have allowed hospitals and doctors to make changes in their
billing which has resulted in more costs passed to the individuals. We must adjust our plansgoing forward to be fair to the County as well as fair to the employees. Once the County hasapproved the 1025- 2016 renewal, we will begin educational programs in preparation for Open
Enrollment, tentatively scheduled for August 12 and 13.
RoseMary MayeseY COMMONERS COURT
iLACCEPTED'
JUN 16 2015
JA"ANDY HARWELL,CountyCltdtMoLonnen County, Texas
By: KELLY FULLRRIGHT DEPUTY
ORDER APPROVING:
AUTHORIZATION OF APPOINTMENT TO THE REINVESTMENT
ZONE NUMBER ONE EAST, CITY OF LORENA BOARD OF DIRECTORS
RE: COUNTY BOARD APPOINTMENTS
On this the 16 day of June, 2015, came on for consideration the matter Regarding County Board
Appointments: Authorization of Appointment to the Reinvestment Zone Number One East, City
of Lorena Board of Directors. After discussion, Commissioner Gibson made a motion to approve
and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said
motion was Judge Felton, Commissioner Snell, Commissioner Gibson and Commissioner Perry.
It is ordered by the Court that said Authorization be, and the same is hereby, approved by
unanimous vote.
AGENDA: JUNE 16, 2015
III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
M. Commissioners Court Work Session: Information Gathering, Discussions, StatusReports/ Updates and/ or Presentations on any or all of the items listed below( noaction will be taken by the Court on items presented in this part ofthe meeting):Discussion/ Suggestions regarding: Future Work Session Items
1. Discussion re: Criminal Justice Issues: Updates regarding the Information OnlyElectronic Monitoring Program/ Coordinating the McLennan CountyCriminal Justice System/ Criminal Justice Process/ Creation of
a Criminal Justice Work Group/ Discussion on Ways to Controlthe Jail Population/ MHMR Services at the County Jail/ PretrialServices/ Veterans& Mental Health Courts/ Courthouse Security/Video Conferencing Utilization/ Public Nuisance Reporting&Enforcement Process, related matters
2. Discussion re: Capital Expenditures: including Discussion Information OnlyRegarding the Time Schedule for Capital Outlay/ Recommendationsfrom the Finance Committee Regarding the Spending Policy/Equipment Financing, related matters
3. Discussion re: County Property, including Discussion Regarding Space None
Availability& Utilization of County Buildings, Utilization Planning,Consultant, Joint Facilities Master Plan or Study/ Updates regardingMaintenance of Hwy 6 or Downtown Jail/ Maintenance at TradinghouseLake/ Park/ Recommendations from Tradinghouse Lake/ Park AdvisoryCommittee/ Tradinghouse Lake Pavilion Rental Issues/ Policy for CountyRight of Ways/ Former Justice of the Peace, Precinct 2 Office/ Themis
Statue/ Policy re: Office Remodeling and Matters Related Thereto
4. Discussion re: Texas Department of Transportation: including None
Discussion re: Rural/ Public Transportation and related matters
5. Discussion re: North & East County Judges and Commissioners None
Association Conference
6. Discussion re: the County Website: including, but not limited to, None
Website Design/ Rebuild
CD-337, 10: 40
INFORMATION ONLY:
COMMISSIONERS COURT WORK SESSION:
INFORMATION GATHERING, DISCUSSIONS, STATUS REPORTS/ UPDATES
AND/ OR PRESENTATIONS ON ANY OR ALL OF THE ITEMS LISTED BELOW
NO ACTION WILL BE TAKEN BY THE COURT ON ITEMS
PRESENTED IN THIS PART OF THE MEETING):
DISCUSSION RE: CRIMINAL JUSTICE ISSUES: UPDATES RE: THE ELECTRONIC
MONITORING PROGRAM, INCLUDING DISCUSSION ON EXPANDED PROGRAM
SERVICES/ COORDINATING THE MCLENNAN COUNTY CRIMINAL JUSTICE
SYSTEM/ CRIMINAL JUSTICE PROCESS/ CREATION OF A CRIMINAL JUSTICE
WORK GROUP/ DISCUSSION ON WAYS TO CONTROL OF JAIL POPULATION/
MHMR SERVICES AT THE COUNTY JAIL/ PRETRIAL SERVICES/ VETERANS&
MENTAL HEALTH COURTS/ COURTHOUSE SECURITY/ VIDEO CONFERENCING
UTILIZATION/ PUBLIC NUISANCE REPORTING& ENFORCEMENT PROCESS,
RELATED MATTERS
On this the 16 day of June, 2015, came on for consideration the matter of Commissioners Court Work
Session: Information gathering, discussions, status reports/ updates and/ or presentations on any or all of
the items listed below ( no action will be taken by the Court on items presented in this part of the
INFORMATION GATHERING, DISCUSSIONS, STATUS REPORTS/ UPDATES
AND/ OR PRESENTATIONS ON ANY OR ALL OF THE ITEMS LISTED BELOW
NO ACTION WILL BE TAKEN BY THE COURT ON ITEMS
PRESENTED IN THIS PART OF THE MEETING):
DISCUSSION RE: CAPITAL EXPENDITURES: INCLUDING
DISCUSSION REGARDING THE TIME SCHEDULE FOR CAPITAL OUTLAY/
RECOMMENDATIONS FROM THE FINANCE COMMITTEE REGARDING
THE SPENDING POLICY/ EQUIPMENT FINANCING, RELATED MATTERS
On this the 16 day of June, 2015, came on for consideration the matter of Commissioners Court Work
Session: Information gathering, discussions, status reports/ updates and/ or presentations on any or all of
the items listed below ( no action will be taken by the Court on items presented in this part of the
meeting): Discussion / Suggestions regarding: Future Work Session Items: Discussion re: Capital
Expenditures: including Discussion Regarding the Time Schedule for Capital Outlay/ Recommendations
from the Finance Committee Regarding the Spending Policy/ Equipment Financing, related matters. The
Judge updated the Court in regard to the Finance Committee.
ORDER RECESSING SPECIAL SESSION
On this the 16 day of June, 2015, at 10: 41 o' clock a.m., the County Judge Scott M. Felton
announced that this meeting of June 16, 2015 stands in recess for 10 minutes.
ORDER RECONVENING SPECIAL SESSION
On this the 16 day of June, 2015 at 10: 54 o' clock a.m., the Court reconvened in Special Session;
present and presiding the County Judge Scott M. Felton and Commissioners Kelly Snell, Lester
Gibson and Ben Perry and the Clerk thereof being in attendance, the following proceedings were
had and done to-wit:
ORDER REGARDING:
COUNTY TREASURER' S INVESTMENT REPORTS
FOR THE MONTH ENDING MAY 31, 2015
On this the 16 day of June, 2015, came on for consideration the regarding the County Treasurer' s
Investment Reports. Commissioner Gibson made a motion to pull the County Treasurer Report for
Deliberation and it was seconded by Commissioner Snell. A vote being called for, voting in favor of
said motion was Judge Felton, Commissioner Snell, Commissioner Gibson and Commissioner Perry. It
is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous
vote.
The Court went back to item G. 2. a. re: FY 2016 Budget Work Session.
DISCUSSION ONLY:
BUDGET WORK SESSION: FY 2016
On this the 16 day of June, 2015, came on for consideration the matter Regarding the FY 16
Budget: Budget Work Session. The Court discussed Permanent Improvement Fund 401 relative
to Projects and Placeholder Considerations.
ORDER ADJOURNING SPECIAL SESSION
On this the 16 day of June, 2015, at 11: 32 o' clock a. m. County Judge Felton announced that the
meeting of June 16, 2015 is adjourned.
ITEMS DEFERRED, AGENDA, JUNE 16, 2015
On this the 16 day of June, 2015, upon motion made, seconded and duly passed by unanimous or
majority vote, it is ordered by the Court that the following Items on the Agenda for June 16, 2015, be, and
the same are hereby, deferred:
III. CONSIDERATION OF, AND/ OR ACTION ON, THE FOLLOWING:
C. ITEMS PREVIOUSLY DEFERRED:
2. Authorization of Interlocal Cooperation Agreement: City of Wacoand Waco Independent School District( re: Waco Clinic FeasibilityStudy) and related documents
APPROVAL OF MINUTES
The above and foregoing minutes having been read in open Court and found to be
correct, the same are hereby, approved this the 23 day of June
2015.
Kelly Snell, Lester Gibson,'
Commissioner Precinct 1 Commissioner Precinct 2
1111
Will JoIF Ben Perry,Commissioner Precinct 3 Commissioner Precinct 4
Absent meeting of 6- 23- 15
Scott M. Felton,
County Judge
ATTEST: J. A. "Andy" Harwell,McLennan County Clerk